new light on the boston massacre

1937.] New Light on the Boston Massacre 259

NEW LIGHT ON THE BOSTON MASSACREBY KANDOLPH G. ADAMS

"T HAVE the honor to send by express to yourA Excellency, some very extraordinary events that

have taken place here within these few days." Thusdid the commanding officer of the British force sta-tioned in Boston notify his commander in chief of theaffair that happened in King street on the night ofMarch 5, 1770. That commander in chief was MajorGeneral Thomas Gage, whose headquarters were atNew York. To him every British detachment inAmerica, from Canada to Florida, and from Massa-chusetts to Illinois, had to make reports. There isreason to say that General Gage was also much morethan this, for the office of commander in chief had beendeveloping into such a position that the incumbentmight be called the principal representative of theBritish Empire in North America. The details of the"massacre" were relayed to Gage by the commanderof the force. Lieutenant Colonel Dalrymple; by theofficer in whose regiment was the squad of soldierswho fired the fatal shots. Lieutenant Colonel Carr;by the officer of the day. Captain Preston; and by thechief civil magistrate of the province. LieutenantGovernor Thomas Hutchinson.^

The literature of the Boston massacre begins withthe very effective efforts of the people of Boston, intown meeting assembled, to throw the blame for thewhole affair upon the British. Even in 1770, theAmericans exhibited their ability to get there first withthe most columns of type. Besides the newspaper

'C. E. Carter, The correspondence of General Thomas Gage, New Haven, 1931, I,introduction.

260 American Antiquarian Society [Oct.,

accounts,^ there quickly appeared a book, from thepress of Messrs. Edes and Gill, entitled A short narra-tive of the horrid massacre in Boston, which waspromptly reprinted in two editions in Lonldon. Thisis, naturally, an ex parte statement by the Bostontown meeting, and includes ninety-six depositions oraffidavits by townspeople, ninety-four of which tend toshow that the British soldiers were in the |wrong. Ofthe other two, one is Dr. Church's preliminary post-mortem on Crispus Attucks, and the other, whichtends to favor the British, is negatived by a footnoteexplaining that the deponent was a paid hireling of thecustoms commissioners, and besides that] he was anotorious liar.^

So the first news of the massacre was given to theworld in a somewhat one-sided fashion, and it wasfollowed by a number of pamphlets and dispatches toLondon, which were to much the same effect.' InDecember of 1770, after action of the civil court,there appeared a volume entitled The trial of WilliamWemms, James Hartegan, William M'Cauley, HughWhite, Matthew Killroy, William Warren, John Carrol,and Hugh Montgomery . . . taken in short-hand by JohnHodgson, and published by permission of the Court.*

'The Boston Chronicle and the Massachusetts Gazette or the Boston weekly News-Letterreported the massacre on the 8th; the Boston-Gazette and Boston Evening Post did notappear until the 12th. A broadside was also issued on the 12th, see Eord No. 1510.

»Edes & Gill ed., two issues, Sabin 80668-9; Philadelphia, Robert Bell ed., Sabin 80670(does it exist—the new Philadelphia Union Catalogue reports no copy) ; London, Bingleyed., Sabin 80671; London, DUley ed., Sabin 80672. All are 1770. There were twenty-sijtaffidavits from people in Boston at the time which tend to exonerate the soldiers. Thesedo not appear in any American edition of the Narrative. But theyappendix to A fair account of the late unhappy disturbance, London,

were added as an1770, which calls

attention to the fact that they were omitted from the Narrative, and numbers thembeginning with "No. 97"—there having been 96 such affidavits in the Narrative. The

. manuscripts of these additional depositions are in the Gage Papers in the ClenientaLibrary, lacking Nos. 97, 98, 101, 104, 105, 112, 114, 121, 122, 123. j

'íThe town meeting committee of Bowdoin, Pemberton and Warren prepared a petitionto a score of prominent people in English public life. The copy, signed iby all three, whichwent to the commander in chief of all the British armies, the Marquis of Granby, is in theClements Library, dated Mar. 23, 1770; the signed copy which went to Lord Shelburneis in the Shelburne Papers in the Clements Library. Pamphlets included Additionalobservations to a short narrative, Boston, 1770; A letter from the town of Boston, Boston,1770, reprints 54 of the depositions; and others.

«Boston ed., 1770, Sabin 32362; London ed., 1771, Sabin 96951; for later eds. in 1807and 1824, see Sabin 96946 and note thereunder.


The result of that trial was a series of acquittals bywhich the British army was pretty well exonerated.

But the initial impression had been made, and firstimpressions are apt to be the most lasting. JohnHancock and Joseph Warren were not the kind of mento neglect such an advantage, and so the anniversaryof the massacre came to be the occasion for publicorations, which kept alive resentment, and contin-ued to infiame the passions of the people of Bostonagainst the British until well after the Revolutionitself was all over.^ In 1849 another edition of theNarrative, with certain additions by Hancock, SamuelAdams and Warren was published, and in. 1870, JoelMunsell of Albany got out the most complete reprintof both the Narrative and the Trial, with John Adams'account of the trial, which up to that time had neverbeen published.

Thus the American version of the affair continuedto be popular in this country until 1887, when theGeneral Court of Massachusetts, in a burst of generoussentiment voted to erect a monument to the unfor-tunate victims of the massacre whom British brutalityhad left "wallowing in their gore" in King street, onehundred seventeen years before. Now we must remem-ber that by 1887, although Massachusetts was stillstanding there, and still partial to her cod and beandiet, she was no longer the exclusive property of thePuritan. The Irishman and the negro had arrived.After all, an Irishman, Patrick Carr, and a mulatto,Crispus Attucks, had been among the victims of themassacre, and it was too much to expect that theMassachusetts legislature would fail to capitalize thiscentury old affray in order to create sentiment infavor of home, rule for Ireland, and of the abolition ofthe Jim Crow car in the south.

But if the soul of the Puritan was sore oppressed in

'These addressess, all separately printed at the time, were conveniently gathered inOrations delivered at the request of the inhabitants of the town of Boston to commemorate theevening of the fifth of March, 1770, Boston, 1S07.


the polling booths, it was still manifest in the hall ofthe Massachusetts Historical Society. A^ the May-meeting in 1887, President Robert C. Winthrop calledattention to the enactment of the legislature, provid-ing for the erection of a monument to the "martyrs"of the Boston massacre. John H. Washburn then roseand expressed a feeling long harbored by the informedmen of Massachusetts, that those who died in theBoston massacre were the victims of their own folly,and that the legislature was obviously more influencedby "negroes and the cheaper politicians than byeducated men." This encouraged Andrew Peabody tostate that the "so-called victims were the aggressors,and were killed by the soldiers in self-defence." AbnerGoodell then warmed up and announced that a"monument to perpetuate the fame of rioters was pre-posterous," and Charles Deane regretted that "Thusthe martyr's crown is placed upon the birow of thevulgar ruffian." The result was a resoluti.oii offered byWilliam Everett, in which the Society decried theaction of the General Court, and concluded

While greatly applauding the sentiment which erectsmemorials to the heroes and martyrs of our annals, the mem-bers of the Society believe that nothing but a misapprehensionof the event styled the "Boston massacre" can lead to classify-ing these persons with those entitled to grateful recognition atpublic expense.

Although the opinion of "educated men" had no visibleeffect on the General Court of Massachusetts in thismatter, yet it may be said that the tide of historicalinterpretation had turned.

Occasionally a new document was found, such asJohn Rowe's Diary or William Palfrey's letter, whichthe Massachusetts Historical Society published.^ Butthe next serious assault on the traditional accountcame in 1893, when Paul Leicester Ford discussed thenewly recovered Pelham-Copley correspondence in theAtlantic Monthly and raised doubts as to whether Paul

'Mass. Hist. Soc, Proc, 2nd ser. Ill, 313-318.


Revere's name ought to be attached to the well-knownprint of the massacre. Henry Pelham's letter toRevere,^ accusing the latter of plagiarism was pub-lished. It has always been impossible to reconcilePaul Revere's print with the facts brought out at thetrial of the soldiers: Captain Preston, instead ofwaving his sword to encourage the shooting, was infact trying to restrain his men. The soldiers, instead ofbeing lined up in an orderly rank firing a concertedvolley, were, in fact, fighting individually against asavage assault of pieces of ice, brickbats and cudgels.Even the sign "Butcher's Hall" over the custom housewas propaganda. When after a lapse of years, no oneappeared to defend Revere against the charge ofplagiarism and inaccuracy. Miss Louise P. Kellogg ofthe Wisconsin Historical Society summed up Revere'ssins in such manner as has not yet been answered. Asto the artistic merit of the print, perhaps the less saidthe better!

Since the last disillusionment on the general subjectcame out of the west, it may not be inappropriate toproduce some additional data which throw light uponthe despair, amounting almost to a panic, whichexisted in the councils of the British in Boston afterthe massacre. Hutchinson, the two lieutenant colonels,and the captain all turned with their troubles to thecommander in chief at New York. Parenthetically, itmay be repeated that the documents and archiveswhich constituted the papers of the British head-quarters from 1763 to 1775 were kept in the mansionof the Gage family at Firle Place, Lewes, Sussex, from1776 until 1930. They were uncovered by ProfessorClarence E. Carter, of Ohio. The bulk and the moreimportant part of Gage's papers was never turnedinto the War Office, and hence are not today in

'Mass. Hist. Soc, Proc, 1862-3, 480-87. A curious example of thought transferenceappears in the general index to this series. The letter here referred to is addressed to JohnWilkes, in London. The indexer calla him "Mr. Booth." For the Pelham-Revere con-troversy see Mass. Hist. Soc, Proc, 2nd ser. VIII, 227-8 and L. P. Kellogg, "ThePaul Revere print of the Boston massacre," Wisconsin Magazine of History, I, 337-87.


Chancery Lane. The Gage collection, with its twelveoriginal pine chests recrossed the Atlantic in 1930 andmay now be examined in Ann Arbor. A gocjd notion oftheir contents and possibilities may be gained fromProfessor Carter's two stout volumes, which whilethey print 1200 pages, in small type, of some of Gage'scorrespondence with London, can do no more thanindicate the existence of the mass of the Gage papers.^

From the Gage-Hutchinson correspondence, itappears that immediately after the massacre, thelieutenant governor frankly admitted he ha!d no powerover the military, and very little power over anythingelse. He could not order Dalrymple to remove thetroops from Boston. When Gage, sensing the dangerin the situation, offered to move the troops not merelyto Castle William, but entirely out of the province,Hutchinson was quick to protest he wanted no suchthing. He confessed that he was alone in the provincethat he had neither effect nor influence over the peoplehe had been appointed to administer, and that hewould be helpless if the troops left him. He ¡reported toGage on the efforts of the townspeople to bring theprisoners to a speedy trial, and emphasized the factthat the funerals of the dead mobsters had beenelaborate and attended by thousands of outragedBostonians. He told of the efforts to intimidate andoverawe the judiciary, and of his success in ¡getting thetrials postponed. This delay was of real value, becausewhen the trials did not come on by the end of the Mayterm, 1770, it was possible to get reports 'through toLondon and receive instructions from there as well asfrom New York. By July Hutchinson was able toreport that he had received express ordei s from HisMajesty that in the event the soldiers were convicted,they should be reprieved immediately, i pending apardon from the King. Throughout the trying period.

!'C. E. Carter, "Notes on the Lord Gage collection of manuscripts," Miss. Vail. Hist.

Rev., XV, 511-19. The collection was bought en bloc for the William L! Clements Libraryat the University of Michigan. I


from March until December, 1770, the lieutenantgovernor's position was pathetic, and Dalrymple saidof him

I do not believe he will act either by advice or otherwise inany military affair, but will rather chuse to remain behind theCurtain, he has no earthly weight or power here, a proposalcoming from him would be for that reason sure to miscarry . . .

Hutchinson was so afraid that his very communica-tions with Gage should become known in Boston, that,upon occasion, he asked Gage to transcribe his dis-patches in another hand and burn the originals.

Lieutenant Colonel Carr of the offending 29th regi-ment wrote but one letter to Gage in which he mini-mizes the whole affair as a "scuffle," and afflrms hisbelief that Captain Preston did not give any orders tohis men to fire, but that he did everything in his powerto prevent the mischief.

The ranking officer. Lieutenant Colonel Dalrymple,maintained a long and worried correspondence withGage through the whole of the ten nionths succeedingthe massacré. Dalrymple's letters, while they do notexactly mark him as a graduate of Balliol College, arefull and informative. He seemed hurt that since theregiments had been ordered to Massachusetts at therequest of the government of that province, the peopleshould be so rude to his men. If the province did notwant the soldiers, they should be removed, but hecould not act without the orders of the commander inchief, and besides that. Castle William was an utterlyinadequate place for two regiments with their womenand children. He never lost sight of the fact that hewas responsible for a detachment of British soldiersand that it was his job to take care of them. He wasoutraged, as Gage was indignant, at the conduct of theAmerican press, but that was not the first time, nor isit the last, that Britons have failed to comprehend theAmerican thirst for publicity in whatever garbled orexaggerated form.


Dalrymple seems to have been convinced that thereexisted an organization in the colony which was benton armed resistance to the King's troops, and that atthe time of the massacre, thousands of armed men werealready en route from Cambridge, Roxbury, Dedham,Dorchester and other nearby towns. He reported thathis force consisted of but 600 men fit for duty as againstat least 4000 Americans actually on the ground. Whenthe removal of the regiments necessitated vacating thebarracks in Boston, he was left in the embarrassingposition of not knowing whether he should renew theleases on the quarters which the soldiers ha'd occupied.This may seem like a trifle, but only to the historianwho has never served in the army. It niay be saidwith some justice that a detachment commander, whenmany days distant from the general headjquarters, isalways in danger of finding his best judgment reversedby a superior officer, whose lack of familiarity with alocal situation leads him to interpret it in t'erms of theroutine garrison requirements, instead of in the lightof an emergency the seriousness of which he does notrealize. Dalrymple's letters do not enable us toestablish who fired the first shot, but they| do give aninsight into the mentality of the professional armyman, and the multitude of problems which arise whensomeone, even accidentally, fires a gun at a mob. Insuch situations, it makes no difference where the rightmay lie, the consequences are apt to be far-reachingand disastrous. We need not agree w|ith DanielWebster that the severance of the British Einpire datesfrom the Boston massacre, but there can be no doubtthat the bloodshed was never forgotten, i no matterhow much the Americans may have been in the wrong.

Captain Preston's letters to Gage constitute thereports of an eye-witness. He says he went to thescene of the disturbance solely to prevent and not tocause, what occurred. There seems to be reason todoubt this. In his letter of August 6, 1770, writtenfrom the Boston jail, he explains his distressed con-


dition and how his witnesses are being spirited awayor intimidated into silence.

In his first dispatch to Gage, two weeks after themassacre, Preston had evidently enclosed a copy ofhis own "narrative," which was so explicit in itscriticism of the people of Boston that Gage tried tosuppress it. Evidently he did not succeed in doing so,for a copy got to England and appeared in the LondonPublic Advertiser for April 28, 1770. When that papergot back to Boston, the townspeople were further out-raged, and tried to get Preston into another news-paper controversy. Gage commends Preston foravoiding this, and for his refusal to answer the furtherinquisitions of the citizens. It would seem that Gagestill had misgivings as to Preston's guilt, for hecounsels the Captain, even though he did order thesoldiers to fire, to rely upon the right of self defense ashis justification.

Gage had received instructions from Lord Hills-borough, in London, apprising him that it was theKing's pleasure that the expenses of the Captain'strial be authorized from public funds. In October,Lords North and Hillsborough agreed that this shouldnot appear on a public account, and therefore. Gagewas advised, the King was paying the bills himself.

The published Trial begins with the indictment,which includes Preston as well as the seven enlistedmen. But on the second page, Preston drops out of therecord and never reappears. The truth is that Prestonhad a separate trial, which began on October 24th, andended with his acquittal on October 30th, 1770. Sincethe report of Preston's trial was not taken down, it wasnever published. He himself explains this by sayingthere was only one man available who could takeshort-hand, and he had neither the room to work in thecrowded court room, nor the strength, since he wasworn out by taking depositions. Therefore Preston'sletter to Gage, describing the trial, becomes a docu-ment of some interest.


In view of the fact that John Adams land JosiahQuincy have been given a good deal of credit fordefending the accused soldiers, Preston's comment onAuchmuty as his most effective counsel is a matter ofat least passing interest. Immediately after the ver-dict, efforts were made to bring new actions against theCaptain, based on civil suits for damages on behalf ofthe deceased. But Colonel Dalrymple handled this byplacing the Captain at once in Castle William, withthe troops, where the process servers could not reachhim. Preston then stood by to help manage the trialof the soldiers, and expend whatever was riecessary intheir behalf. Upon this point it is apparent that hedid not intend to be economical.

Gage was naturally pleased at the vindication ofPreston and was prepared to do everything! possible tohelp the Captain against that type of public opinionwhich always materializes in England to' smite theBritish officer who has, while acting in line of duty,become involved in a disaster for which he was in noway responsible. There is no nation more generous thanBritain in. rewarding the public services' of the manwho succeeds, but it sometimes seems as though therewere no nation more cruel toward its own publicservants, who through no fault of their owjn have gotinto trouble while performing their duty. Gage under-stood his countrymen well enough in this regard, andlikewise had a notion of the strong opposition to theministerial policy which had been developing in Eng-land ever since the Stamp Act. Preston was sure tofind as many enemies in England as he had made forhimself in America. Gage knew all this and proposedto help the Captain over the hard times ahead. Heseems to have taken a leaf from the Yankep notebookwhen he advised Preston to gather up all the papers inthe case, take them home and sell them to an Englishpublisher.

On November 27th the second trial began, that ofthe enlisted men. It continued until December 5th, and


on the 6th, Preston reported to Gage the well knownoutcome,—that five of the soldiers were acquitted,while two were convicted of manslaughter, from thepunishment for which they escaped by pleading theirclergy.

The final document in Gage's files relating to themassacre is an itemized memorandum headed "Sumsexpended in the defence of Capt. Thos. Preston, Corpl.Willm. Wemyss, & 7 Private men."

While it is no doubt true that John Adams tookPreston's case for a guinea retainer, it is worth noticingthat the lawyers for the defense got ten guineas amongthem as retainers for the Captain's trial, and anotherten guineas for that of soldiers. In addition, the"barristers," Adams, Quincy, Blowers, and Auchmutyhad a chance to share a fee of £105.

In presenting these documents for publication, thereis no intent to debunk history any further. In 1900,the late Samuel Abbott Green read a paper before theAmerican Antiquarian Society, in which he veeredback to the old interpretation of the event, and indi-cated his disapproval of the conduct of the Massa-chusetts Historical Society in 1887. A more pertinentdocument however, is a letter written to the librarianof the Antiquarian Society, Samuel F. Haven, morethan sixty years ago. It has nothing to do with theBoston Massacre. George Brinley, of Hartford, hadjust received one of Dr. Haven's latest works. Inacknowledgment, he wrote to the author

I hesitated twice about opening it. Before I removed thewrappers, I said "Here is something more from the 'NewSchool of History' " which would prove Captain Kidd a martyr,—that Cotton Mather rather liked witches and Quakers, thatPutnam was a coward and Tom Paine a saint.

Verily, we have a "new school of history" about everytwenty years.

'S. A. Green. "The Boston Massacre," Proc. of the Amer. Antiq. Soc, XIV. 40-63. Thisis hardly a historical study; it is rather the philosophic comment of Dr. Green, at the ageof 70, after a lifetime of reflection on all the sources of the story then available. '

"George Brinley to S. F. Haven, May 24, 1869, in the Society's collections.

270 American Antiquarian Society

CORRESPONDENCE

[Oct.,

BETWEEN THE BRITISH HEADQUARTERS AND |THE CROWN

REPRESENTATIVES IN BOSTON RELATIVE TO THE BOSTON

MASSACRE, MARCH 6, 1770, TO DECEMBER 17,1770.

NOTE: The letters, and parts of letters indicated but not printed hererelate to three other topics: the removal of the regiments to CastleWilliam, the gradual failure of the non-importation agreement, and theprogress of political opinion in England. The omitted letters (titles anddates in italic) are listed to give some notion of the extent of Gage'scorrespondence in this period, as it will be a long time before all ofGage's papers are published. '

HUTCHINSON TO GAGE |

Boston 6 March 1770SIR i

I beg leave to refer you to Colonel Dalrymple for theparticulars of a most unfortunate affair, which! hapned thelast Evening, so far as they relate to the Troops under hiscommand. So far as they respect the Inhabitants and my ownconduct, I must acquaint you that just before ¡ten o'clock,the bells of the town were rung as is usual in case of fire, but Isoon found there was another cause and one upon anothercame running to my house to inform me that, unless I wentout immediately, the whole Town would be in arms and themost bloody scene would follow that had ever be'en known inAmerica. I went immediately abroad, and met vast crowds ofPeople running for their arms and prevailed on them to turnback and follow me to King street, promising them justiceshould be done. I found two persons killed a third mortallywounded since dead, a fourth dangerously wounded & a fifth,M' Payne a Merchant of the Town, shot in his arm and thebone splintered as he stood at his door. The ipeople wereenraged to a very great degree and could not be pacified until Iassured them immediate inquires should be made I by the CivilMagistrate, which was done, and the body of them retired,about 100 only remaining until the examination was overwhich lasted till 3 or 4 o'Clock in the morning. I ordered aCouncil to be summoned to meet to day at 11 oClock. When Icame to them I found the Select men and the Justices waiting


for me to represent that the Inhabitants had insisted upon aTown Meeting and that it would not be in their power to keepthem under Restraint, if the Troops were not removed to theBarracks at the Castle. I told them this was not in my power.In a short time, I received a Message from the Town meeting,which I shall inclose The Committee consisted of the principalInhabitants, several of them in plain terms declared, thatthey knew the people not only in this town but all the neigh-bouring towns were determined to unite and force the Troopsout of the Town. I told them, that an attack upon the EängsTroops would be High Treason & every man concerned wouldforfeit his Life and Estate, but what I said had no Effect.Upon consulting the Council (Col° Dalrymple & Col? Carrbeing present) they expressed unanimously their desire, thatthe Regiments might be sent to the Castle. As the principal,if not all the quarrels, of the Inhabitants had been with the 29.Col° Dalrymple so far yielded to their desire as to consent thatthe 29 should be quartered at the Castle and promised furtherthat the 14 should be kept in the Barracks at Wheelwrightswharffe, and all occasions of difference with the Inhabitantsprevented. This, the Committee of the Town were informedof and reported to the meeting but it proved not satisfactoryand, in the afternoon a second Committee came to me inCouncil, Colonels Dalrymple & Carr and also Captain Cald-well of the Rose being then present, and laid before me anothervote of the Town declaring they were not satisfied &c whichvote I could not avoid asking the opinion of my Council upon.They, not only unanimously declared their opinion that it wasabsolutely necessary that the Troops should be in the Barracksat the Castle but most of them declared they had the greatestcertainty that the Inhabitants of the Town and of the Townsof Charlestown & Cambridge Dedham Roxbury Dorchester&c would infallibly unite and, at all events, drive the Troopsfrom the Town and that it would admit of no delay; they weresure the night which was coming on would be the most terriblethat had ever been seen in America. Two of the Council fromCharlestown & Dedham confirmed what had been said of thedisposition of the people of those towns and every one, in themost earnest manner, pressed me to communicate their opinion


and advice in a formal way to Colonel Dalrymple and to prayhim to cause both Regiments to remove to the Barracks at theCastle. I did not see how I could avoid complying with thisunanimous advice of the Council, under the circumstances ofthe Town and Province, especially as I had opportunity ofconsulting so many Servants of the Crown, together with theSecretary, who are not of the Council and who all saw thematter in the same light that I did; and I am very certain thatCol? Dalrymple was influenced to a compliance with themeasure from the representations made in Council of thedesperate state of the people, and the desire they so stronglyexpressed, which he thought necessary to justifie him in hiscompliance.

I shall immediately represent the state of this Affair to theSecretary of State. A vessel I am informed will sail for Londonin eight days i

I have the honour to be veryrespectfullySir Your most humble

& most obedient.Servant

THO HUTCHINSONMarch 7. I am nowinformed that four personsare dead and a fifth lyesvery dangerous and that severalmore were slightly woundedHis Excellency General Gage

[Indorsed] : Lieu' Gov^ HutchinsonBoston 6* March 1770Received March 12''' i

Transmitting Minutes of his Councillof said Date

HUTCHINSON TO DALRYMPLE

Boston March 6 1770S I R I

I take the Liberty of inclosing to you a Vote Passed this dayin Council occasioned by the unfortunate Affair of the last


Evening. I am sensible I have no power to order the Troops tothe Castle but under the present circumstances of the Townand Province I cannot avoid in consequence of this unanimousadvice of the Council desiring you to order them there which Imust submit to you and have the honour to be

Sir Your most obedienthumble Servant

T HCopyLieut Col° Dalrymple[Indorsed] : L* Gov' Hutchinson to

L' Col° Dalrymple[Enclosure] :

At a Council held at the Council Chamber in Boston uponTuesday the 6"» day of March 1770.

PresentHonble Thomas Hutchinson Esq^ Lieu* Governor

Samuel Danforth James RussellJohn Erving Esq" Royall Tyler Esq"Thomas Hubbard James PittsHarrison Gray Samuel Dexter

The Town having been put into great disorder and con-fusion the last Evening by means of the Kings Troops firingupon the Inhabitants whereby three or four of them have beenkilled and divers others wounded. His Honor the Lieu*Governor ordered a Council to be notified: The Council beingmet his Honor opened to them the Occasion, whereupon theyadvised him to send notice to Lieuí Col° Dalrymple theCommanding Officer of the Troops and to Lieu' Col° Carr ofthe 29"' Regiment that the Lieutenant Governor & Councilwere now assembled on this unhappy occasion and would beglad they would attend in Council while the matter was underdiscussion and afford them such lights as were in their powerrespecting the affair under consideration:— The CommandingOfficers of the two Regiments attended accordingly when intheir presence divers Gentlemen of the Council informed hisHonor the Lieu' Governor that the people of this and some ofthe neighbouring Towns were so exasperated and incensed onaccount of the inhumane and barborous destruction of a num-


ber of the Inhabitants by the Troops that they apprehendimminent danger of further Bloodshed unless the ¡Troops wereforthwith removed from the Body of the Town which in theiropinion was the only method to prevent it.

While these matters were under debate in Council a Com-mittee from the Town of Boston then assembled in Townmeeting waited on his Honor the Lieu* Governor most fer-vently praying that his power and influence may be exerted forthe immediate removal of the Troops as nothing less couldrationally be expected to restore the peace of th.e Town andprevent blood and Carnage. No question was, put to theCouncil, but the several Gentlemen of the Council presentexpressed their sense of the necessity of the inimediate re-moval of the Troops from the Town and after they had con-ferred with Col? Dalrymple and Col? Carr upon j the subject,his Honor gave the following answer to the Committee of theTown, the same having been first read to the Counisil viz.Gentlemen I

"I am extremely sorry for the unhappy differences betweenthe Inhabitants and the Troops and especially for the actionof the last Evening and I have exerted myself upon theoccasion that a due enquiry be made and that the Law mayhave its course. I have in Council consulted with the Com-manding OfiBcers of the two Regiments which are in the Town:They have their Orders from the General at New York, It isnot in my power to countermand his Orders. The Councilhave desired that the Regiments may be removed to theCastle. From the particular concern which the 29*'' Regimenthas had in these differences Col? Dalrymple who, is the Com-manding Officer of the Troops has signified to me that thatRegiment shall be placed in the Barracks at thej Castle untilhe can send to the General and receive his further Orders con-cerning both the Regiments and he has given me assurancethat the Main Guard shall be removed and the 14-'' Regimentshall be so disposed and laid under such restraints that allfuture differences may be prevented."

The Council was then adjourned to the afternoon and beingmet his Honor received a second Message from tlje Town by aCommittee appointed for the purpose in the words followingviz'


"Voted That a Committee be appointed to wait on hisHonor the Lieutenant Governor and acquaint him that it is theopinion of this Meeting consisting of near three thousandpeople that his Honor's Reply is by no means satisfactory andthat nothing will satisfy the Town, less than a total andimmediate removal of the Troops."

His Honor the Lieu* Governor laid before the Board theforegoing Message of the Town presented to him this after-noon and then addressed them as follows viz'

Gentlemen of the Council I lay before you a Vote of theTown of Boston which I have just now received from themand I now ask your advice what you judge necessary to bedone upon it.

The Council thereupon expressed themselves to be unani-mously of opinion that it was absolutely necessary for hisMajesty's Service, the good Order of the Town and the peace ofthe Province that the Troops should be immediately removedout of the Town of Boston : and thereupon advised his Honorto communicate this advice of the Council to Col? Dalrympleand to pray that he would Order the Troops down to CastleWuliam.

A true copy examined by meA OLIVER Sec

[Indorsed] : Minutes of a Councilheld at Boston 6"" March1770.

Transmitted in Lieu' Gov^Hutchinson's Letter ofthe above Date

CARR TO GAGE

Boston 7i March 1770SIR

As Colo : Dalrymple this moment sent me word, that there isan Express going off to your Excellency I take the Opportunityto Acquaint you of an Unhappy Affair that Happend here onMonday Night last.


About half after Nine that Night a Number of Townspeople Armd with Clubs & Other Weapens, came ¡and Attackedthe Sentry Posted at the Custom House, (Which] is now at theHouse M' Loyd the Contractor lived in in King street Nearthe Main Guard) upon Which the fire Bells Rang. (Which is aCall for the Mob.) Which Made Cap* Preston Who was Cap'of the Day run to the Main Guard to see what was the Matter,and found the Mobb. Attacking the Sentry at the Customhouse very Violently, upon Which He got the ¡Guard underArms & went with a party of men to Relieve the Sentry.Which party of Men were aliso Attacked Near the S*? SentrySome of them nocked down, others got wounded and CapíPreston aliso struck several times, during this Scuffle some ofthis Party fired on the Mobb, Without any orders from Himand Killd three Men on the Spot and wounded others, thisObliged the Mobb in some Measure to Despej-se, and thenthey Brought the Sentry off to His Guard. Upon Which theGovernour and Counsel Met, and Demanded Capt" Prestonand several of the Men to be deliverd up to thena, which wasaccordingly done, & He and a Corpl & Six Men! were sent toGoal for the same, two or three people have Sworn that theyHeard Cap* Preston order the Men to fire, and some ofSworn that they Heard Him say they Should not fire, and oneGentleman that was by will Swear that He heard a Porterthat was Standing on the Custom house Steps] Cry out fireSeveral times. ¡

Captain Preston is well known to be as Cool and destinctan Officer as any of His rank in the Service, and I am well Con-vinced that he did not give any orders to the Men to fire, andthat He did every thing in His power to prevent Mischief.

I have not at present time to say more. But Shall Collectevery Circumstance of the Matter, and acqua-int your Ex-cellency therewith.

I amWith Great Esteem and Respect

Your Excellencys Most ObedientHum^ Serví ¡

MAURICE CARR L* Col:


Gen! Gage[Indorsed]: Lieu' Col° Carr 29"' Reg'

Boston March 7"' 1770Received March 12-''

answered[Addressed]: To

His ExcellencyThe Hon^ Geni Gage .Commander in Chief of His Majesty's Forcesin North America &c &c &c

New York

DALRYMPLE TO GAGE

Boston March 7"' 1770I have the honor to send by express to your Excellency, somevery extraordinary events that have taken place here withinthese few days.

The endeavours of the people ever since our arrival havebeen used, to produce some considerable disturbance with thetroops lately more than ever, and it has been commonly saidthat they were determined to get them removed.

On the night of the 5"' past the fire bell was rung, not thatthere was really a fire, but that it served as a signal for theassembling of the mob, they assembled, the beacon was orderedto be lighted, to call in their country confederates, they pro-ceeded in large bodies, to some of the Barracks where muchabuse strokes, & bad language passed, from thence they wentto King's street, and surrounded the Sentry posted at theCustoms house, whom they seemed resolved to destroy.

This being reported to the Captain of the day, (Preston) hewent down with eight men to extricate the Sentry, on hisappearance his party was attacked, and himself severly hurt inthe arm.

The Sentry being severly presst fired, as did some others,severals were killed, the Captain gave no order, on this thebells rung, the enhabitants armed, and moved out resolved tobegin an attack. The troops passed the night under arms.

Examinations were taken and Captain Preston and the


party committed. This is I believe a true and fair detail,having often mentioned the enjurious treatment the troopshave sustained, I shall only now add, that latelyl the abuse hasencreased beyond beleif. ¡

During the night expresses were sent out to the Countrey,and the people assembled early in town, their purposes wereas they said to proceed to extremeties. '

About eleven o Clock I was summoned to the Council, theproceedings there the Lieu* Governor will better enform youof, many open confessions of the proposed erisurrection, orrebellion were made, and many efforts used to perswade me todo the only thing conceived to be effectual to prevent it, theremoval of the troops. ¡

I answered that if such apprehensions were iwell founded,the greater was the necessity of keeping them here and havingneither power nor enclination to do it I absolutely refused.

After much persuation I consented to take the liberty ofsending the 29"* regiment to the Castle, untill your pleasureshould be known, thinking it might serve some usefull pur-poses, and that by a change of that regiment a better prospectof tranquility might arise, the effect this had wjill be seen bythe answer from the town meeting, I then refused to do anything more in the affair, but let it take its course, I was againdesired to attend the Council in the evening. !

After much speaking the Council had a vote put, which youwill also receive from the Lieut Governor, it was carried, andhe in consequence thereof as Governor of this province, and bythe advice of his Council, desired, and required me to removethe troops to the Castle without loss of time, a power which hedid not seem to think himself possessed of in the Imorning.

In this delicate situation was I placed, told if I remainedcontrary to thé Governors orders all should be at my peril, yetunwilling to leave the place without your consent, I made aneffort to procure time tho in vain, not being of a rank sufficientto refuse obedience to the Civil Governors powers I wasobliged to submit.I shall in consequence move the 29 with allyou know the Castle is a place hardly capable

conveniency,of containing

one regiment, therefor two will be an extream inconvenient


number, this I urged, but it availd nothing. Nothing attendedwith expence shall be gone into untill I have the honor of aletter from you, my situation has been very uneasy, being sub-servient to the Civil authority prevented me from doing whatI could have wished. The Lieutenant Governor was I believevery unwilling to enterfere in the business of the troops, hismotives he will fully explain he is without friends, and I mayadd power. He will be better able to explain the ententionsof the people than I can, a vast body was assembled, and if thehad done what they threatned, very disagreeable things musthave hapned.

I shall remain in expectation of your orders, for my gover-ment, and I must beg the Lieu' Governor may know yourwishes, that we may act on the same principles, authority herethere is none but what is vested in the people.

The Regiments shall shift as they can, for the time.I have the honor to be your Excellency's

most humble, andmost obedient Sev'

W DALRYMPLE

[Indorsed] : Lieu' Col" Dalrymple14th Regt.Boston March t> 1770.Received March 12Í''answ*?

DALRYMPLE TO GAGE

Boston March 8"" 1770In the last letter forwarded by express to your Excellency, Idid not fully enform you of every circumstance attending thedifficulties here, not being able to assure myself that themessenger would not be entercepted. I have now a safe op-portunity and shall state the situation of things here accordingto my best enformation.

It has been for some time under consideration how to getthe troops removed, in order to open their further veiws withmore ease, and an attempt on the Main Guard was resolved,in order that the consequences being fatal to some the rest


of the people might be irritated and the more easily enducedto proceed to extremities. j

The leading men of the Militia were prepared for the matter,and on the concerted signal were to march into town withthier men. The arms in Faniel hall were in the I hands of thepeople as were the town Artilery. i' It is very difficult to compute the numbers really arrived,they were short of four thousand, as they appeared to me, theGovernor makes mention of larger numbers being on thiermarch.

I proposed to the Governor on this occasion ¡to raise a re-doubt on Fort hill to remove the 29*'' regiment to our Baracksand to thereby secure ourselves, applying to the Kings shipfor two small guns. !

He objected to this, holding two weak Regiments a force notsufficient, and thought securing the Castle the only proper andmaterial thing to be done Í offered to do that Iby a detach-ment, at the same time to adhere to the other part of the plan,but he held it improper and imprudent.

He has comminicated to me that part of his letter to yourelative to the situation of affairs here, and by what I canobserve he does not make them worse than thej^ really are.

I urged to the Governor that the removal of the forces,would affect the Officers of the Revenue, for who's protectionthey were in some measure sent, he is of opinion that any in-conveniency of that kind is litle compared to a Rebellion, inthe weak state we are in; in truth we have not more than Sixhundred fit for duty, and tho that is a force of some conse-quence, yet one would on an occasion of this sort' would ratherhave more than sufficient

I am now Sir to mention that I shal proceed very slowly inthe removal of the troops to the Castle, tho muchj urged, by thepeople, before it is accomplished your answer may arrive, ifyou are pleased to direct it an attempt may be niade to rein-state matters when the popular fury has subsided, but I amalone have no civu aid or countenance nor can the Governoract being left by every one, he must therefor act the part hedoes.

If you have any orders for Halifax, there will be two men


of War Sloops here immediatly, at present we have only atwenty gun Ship, and she quite unriggd.

The Gentlemen who brings this, can enform your Excellencymore particularly of the State of this town he having been aneye witness.

Your Excellency will easily see my delicate situation, andwill I hope give me early directions, a letter by the way ofRhode Island will possibly reach me as early as any other way.

I have the honor to beYour Excellencys

Most humble, &Most obedient Ser*

W. DALRYMPLE

P. S I must again recommend to your serious considerationthe unfortunate case of Captain Preston, surely nothing can bemore severe than such usage, only for executing his duty.[Indorsed] : Lieu^ Col° Dalrymple U *

Boston March 8-''1770Received March 13*''

Ans<? .

DALRYMPLE TO GAGE

Boston March 12'>' 1770Since the last letter I had the honor of writing to yourExcellency, nothing has hapned that adds to the former con-fusions, I have endeavoured to keep the troops constantlyalert, we have never left our Barracks since.

We have not provisions for more than twenty days no partof the new deposit being made, and if any unfavourable ac-counts are received from Europe, I doubt if we will be able toobtain any supply.

Your Excellency well knows our situation, with two shateredregiments, devided in all parts of this town, without any planof Strength to make a stand on, what can be expected from us.

The twenty ninth regiment will be all at the Castle thisnight, I have used my efforts so successfully, that no furtherdispute hapned between them and the towns people.

282 American Antiquarian Society j [Oct.,

By the succeeding post a narrative of this whole affair shallbe sent, and I doubt not but it will fully appear that the attackof the kings troops was a concerted measure. that it onlyfailed by being too early carried into execution.

A vessel sailing for England tomorrow, I shall send homecopies of the narrative, they may prevent opinions beingformed prejudicial to truth. j

I have nothing further to add, the malevolence ¡of the peoplebegins to subside relative to Captain Preston, and|I hope it willcontinue so to do. |

I wait with earnestness for your orders, & àm with thegreatest respect ¡

SirYour most humble

& most obedient Ser*W. DALRYMPLE

[Indorsed]: Lieu' Col? Dalrymple 14* Reg'Boston March 12f 1770Received March 19""

Answered

GAGE TO DALRYMPLE

New York Marcli

I1770Copy/

SIR , II am just favored with your's of the 7*'' Inst, and much

concerned at the accident that has happened at Boston uponthe Unhappy Differences that Subsisted, between the Inhabi-tants and the Soldiers. But I entirely approve of| your havingcomplied with the requisition of the Lieut Governor and hisCouncil to remove the Troops, when the Arguments you usedto keep them in the Town were rejected. j

The Barracks at Castle William must no doubt be greatlycrowded with two Regiments in them, but there is no help forit at Present, and their time of staying there, will be Short. Iinclose you a Copy of my Letter to the Lieut Governor, whichwill inform you of my Intentions concerning the' Troops. Inthe meantime, I would beg you to incurr as little Expence as


possible for the accomodation of the Regiments, and ColonelRobertson will write to M' Goldthwaite to follow yourDirections.

Be so good to Collect the most impartial Accounts of thisunhappy affair from the Beginning; which I think you woulddo well in having printed at Home, setting forth the precau-tions you had taken, to prevent the Soldiers under yourCommand, from Molesting, or quarrelling with the Inhabi-tants, and the Provocations given by the People, to Urge themto a Rupture with them.

You will observe what I have said to the Lieut Governor,concerning the officer & men Committed to Prison, and it isneedless to beg you to use all means, to see that due andimpartial Justice is done them.

I will add no more at present, than that I am with greatRegard,

Sir,

P: S : Enquiry should be made into the Conduct of the Soldiers,previous to the last affair, and if any are found to have Actedin any manner deserving Punishment, they should be Con-finedLieut Colo Dalrymple

14"' Reg'[Indorsed]: Copy/ To L Colo: Dalrymple 14 '' Reg* at Boston

New York 12"' March 1770

Gage to Dalrymple, March 12,1770

GAGE TO HUTCHINSON

Copy/ New York 12*'' March 1770SIR,

I am Just favored with your Letter of the 6*'' Inst: with aCopy of the Proceedings of a Council held at Boston on thatDay, upon the Subject of a Quarrell that had happened, be-tween the Inhabitants of Boston & some of the Soldiers. I amtruely concerned at the fatal Consequences that have fol-


lowed those unhappy differences, and wish by ¡the mutualEndeavors of the Civil & Military Officers, that all Bickering'sbetween them had been properly adjusted, before they cameto such Extremitys.

As the Troops were Sent to Boston for the, Support ofGovernment, and to assist the Civil Magistrates in the dueExecution of the Laws, and instead of answering the Endsproposed, it has become the desire of Government, that theTroops should be removed out of the Town, the better to pre-serve Tranquility; I can't but approve of L* Colo' Dalrymple'sconduct in removing them, upon the Requisition you made himto that purpose, and as I do not see, that they can be of anyuse at Castle William, I would propose to you to remove themout of the Province, and to remove one of thern as Soon asPossible for, the Castle Barracks will not contain^ them both.I should be glad of your answer to this by first Opportunity,that I may know your Opinion, and what you would proposeas best to be done for the King's Service, and that I maydetermine how to proceed.

You will undoubtedly have this Affair traced from itsbeginning, to it's unfortunate issue of which you will permitme to ask the most impartial Account, that in any part wherethe Soldiers may have been in fault, they may be punished asthey deserve. And with Respect to the Officer & men Sent toGoal, for Firing on the People on the last Riot in the Night;if it shall Appear that the Soldiers have fired Wantonly with-out legal orders for so doing, the Laws must no] doubt havetheir due course. But if it shall appear that they were dan-gerously attacked, and obliged to defend themselves, and firedonly in self Defence to preserve their own Lives ; I trust youwill do every thing in your Power, to prevent tlieir falling aSacrifice to the Resentment of Faction, against all ¡principles ofJustice, and by the pervertion of the Laws of their Country.

I have the Honor to be, with great Regard, |Sir,

Hon'?'° L' Governor Hutchinson at Boston[Indorsed] : Copy/ To L* Gov' Hutchinson at Boston

New York 12"' March 1770


GAGE TO DALRYMPLE

Copy/ New York March la!*" 1770.SIR,

I was yesterday visited by a Young Man from Boston, whodelivered me your Letter of the S'*" Ins*, And I find by it thatthe Troops were not then removed to the Castle. It wouldappear extraordinary to those at a Distance, from the disagre-able Scene in which you have been engaged, that the Govern-ment and Officers of the Crown, for whose support the Troopswere sent to Boston, should apply for the Removal of them to aPlace where they can give no support at all. As for myself, Ican see no Reason to remove them out of the Town, I meanthe whole of them, tho' at the same Time am of opinion, itwould be right and proper to remove the 29f Regiment, andthat the People might be satisfied with that Measure, and thegiving up the Officer and Men, who had any Concern in theFiring upon the People, to be dealt with according to Law.

It is not easy to guess what an enraged Multitude, duringtheir Fury and Madness might Attempt, but when their Heatand Rage has subsided, and they have had time to cool, there islittle Danger of their attacking with Dehberation an armedand regular Body, able to defend themselves. And I could wishthe Lieutenant Governor and Officers of the Crown may seethings in this Light, and the Risk they run of future Troubles,should all the Troops be withdrawn to the Castle, from whencethey could give no Assistance in Case of Need.

You will do well if this arrives in time to delay as much aspossible the sending the 14f to the Castle; and urge everyArgument against it, and at the same time, take every properMeasure to conciliate the Minds of the People, by shewing yourwillingness to a Reconciliation; and a desire to restore Har-mony, and a good understanding between them and the Mili-tary; by removing the 29*'' Regiment, to the Castle, which isthe only Object that can with Justice and Reason give themany Offence.

If Notwithstanding, all the Officers of Government shouldpersist, that it is highly Necessary and proper for the good ofthe King's Service, that all the Troops without Distinction,


should be removed from the Town of Boston, and require youto remove them accordingly, I would in that Case desire youwould remove them. But as the Castle Barracks will not con-tain two Regiments, you will endeavor to prevail on Govern-ment to provide the 14* with proper Quarters in some otherPlace.

This is all I can say at present, but to Assure you] that I shalldo every thing in my Power for the Service of Captain Preston,and shall be glad of the most impartial and Authentick Ac-counts you can procure of his Conduct in particular, as wellas of the Men in general concerned in this unha,ppy Affair.You know what exaggerated Accounts may be expected fromPeople possessed with such remarkable Talents for Mis-representation; It will therefore be very proper to have a trueState of the Case prepared, for Publication.

I am with great Regard. . iSir, j

&ca jLieut* Colonel Dalrymple 14f Reg^ ¡[Indorsed] : Copy/ To Lieu* Colonel Dalrymple 14* ' Regiment,

Boston INew York March 14*'' 1770

HUTCHINSON TO GAGE '

Boston 18"' March 1770SIR

It adds greatly to the Distress I am under in my administra-tion, that you should misapprehend the share I took in theRemoval of the Troops and consider any thing I did in the lightof a Requisition. Upon first seeing Col° Dalrymple I told him Ihad no authority and would give no Order for the Removal ofthe Troops. After the Council had represented to him thedesperate state the people were in, without any sort of inter-position on my part, he offered to remove the 29. Regimentand to keep the 14 " in their Barracks.

* * * *

You are pleased to propose to me to remove theni out of theProvince. I dare by no means take such a step unless it was in


consequence of express orders from you upon its appearing toyou that the King's Service requires it and I cannot help rep-resenting to you, though I pray it may be in the most con-fidential manner, that in matters of dispute between theKingdom and the Colonies or which are consequential uponthem government is at an end and in the hands of the people.I am absolutely alone, no single person of my Council or anyother person in authority affording me the least support andif the people are disposed to any measure nothing more isnecessary than for the multitude to assemble, for nobodydares oppose them or call them to account. I could not justifie,at such a time," moving to send the Kings Troops out of theProvince.

* * * *The killing and wounding so many people either passengers inthe streets or meer spectators, for I have heard but of one ofthem who was an assailant, had the effect which some of ourpeople who are called Patriots have long wished for and I findmore people, the first night, had actually taken to their Armsthan I imagined in the time of it. I am informed that Col°Dalrymple is furnished with evidence of the whole affair be-tween the Troops and the Inhabitants which I shall desire himto transmit to you. Five of the people are dead. Two or threemore it is feared cannot recover. Every funeral brings thou-sands of people together and inflames them against the Troops.The people are trying to precipitate the Trials & some irregularsteps have been taken to awe the Judges. I am doing & shallcontinue to do every thing in my power to prevent the un-happy persons falling a sacrifice to the Resentment of Factionbut greatly fear whether in the state we now are they canhave a Jury without bias & strong prejudice.

* * * *

THO HUTOHINSONHis Excellency General Gage[Indorsed] : Lieu' Gov' Hutchinson Boston March 18''' 1770

Received March 25*''Transmitting Copy of a Letter from s'? L'

to L' Col? Dalrympleanswered

288 American Antiquariari Society

DALYRMPLE TO GAGE

[Oct.,

Boston March 19*'' 1770The return of the express brought me the honor of yourExcellency's letter, and by the post I received another relativeto Colonel Evelyn's appointments, your directions thereonshall be punctually obeyed.

Your approbation of my conduct does me true honor, andaffords me real satisfaction.

In obedience to your wishes I was with the Lieu* Governorlast evening, I introduced the business of mentioning thedifficulties I was under occassioned by the many buildingshired by the Crown in this town now empty by the removal ofthe troops, the which I thought ought to be paid off, with allexpedition they being now of no further utility, and as they arehired by the month, many of them might be got off our handsat an easy rate. I further added that the situation of thetroops at the Castle was such that something imrriediate mustbe done for them, else sickness must be expected they beingextreamly crowded. ¡

Hè did not open himself to me at all, nor did | he say anything of the contents of your letter, which I owri was to mesurprizing, but seemed willing to gain some time. By this posthe writes to you.

I shall get the Barracks and houses lately occupied by thetroops put in condition to be given up according to our agree-ments, and as I shall be obliged to hire them for another monthunless I hear from you soon, I beg an express may be sent meif you chuse to give them up, the month expires with most ofthem about the 7*'' of April. j

I cannot possibly see the advantage of keeping these build-ings in our hands, troops in this town contrary to the sense ofall the Magistracy, seems only to to offer themselves to abuseneglect & ruin. i

I need not paint to your Excellency the miserable conditionof the regiments at the Castle, they are vastly crowded endeed,but as it will be but of a short continuation it matters not, halfthe Officers are without quarters there. i

I must on the part of the 14"' regiment become a suitor toyou, they hope encase of a removal that they may be con-


sidered, their ambition has ever been to merit the favor oftheir superiours.

Nothing can be more effectual to prevent further disputeswith the inhabitants than the situation of the 29**" their enter-course is necessarly all at an end, no complaint was made ofthem after the affair of the 5* at least no just complaint, andat the Castle no further altercation can ever hapen.

I have sent to England States of the affairs here, as well asof Captain Preston's case, you will pardon my doing so by anyother channel than yours, when you consider that the firstimpression is always the strongest in such cases, an opportunityoffered and I presumed to use it.

I wish you may have the same idea conveyed to you by theGovernors letters as by mine, tho I doubt the contrary as hedoes not seem inclined to speak very plain on the subject.

Vessels may be had here very reasonable to convey anytroops elsewhere, in the present ferment marching thro thecontrey would not be eligible.

I must now Sir beg your orders, and they shall be obeyedwith punctuality, no expence shall be made that may bepossibly avoided.

If Colonel Robinson thinks it right the Barrack furnituremay be sent to Halifax.

I have nothing further to trouble you with, but remain withthe greatest respect

Your Excellency'sMost humble& most obedient Ser'

W DALRYMPLE[Indorsed] : Lieu' Col? Dalrymple

Boston March 19"> 1770Received March 25**"

GAGE TO DALRYMPLE

Copy/ ^ New York March 19'h 1770SIR,

I am this moment favored with your Letter of the 12"'Inst:, by which I am glad to find no more Extraordinary


Events have happened at Boston, and that the Justice ofCaptain Preston's Conduct begins to appear, and to haveweight; notwithstanding the Efforts of Faction & Malevolence.

From the Contents of the Lieut Governor's Letter, and yourfirst of the 7*'' March, I judged all the Troops would have beenremoved, by the Time the Express arrived here, and thereforeI could only approve or disapprove of your conduct, in Conse-quence of the Requisition made to you by the Civil Power toremove the Troops. And I wish you may receive my answerto your Second Letter of the 8*'' of March, before the léfbegins to move; that every Argument against such a measuremay be used before the Regiment removes out of the Town.And perhaps my Letter to the Lieut. Governor proposing toremove the Troops out of the Province, deeming Jthem uselessat the Castle Barracks, may have some Weight, towardskeeping the li**' in the Town. j

The Diabohcal Account given of the late unhappy Affair inthe Boston Papers, particularly that of Edes and Gill, is toopreposterous and absurd to gain credit with any that are notprejudiced, and I am glad you are preparing a true andimpartial Narrative of the Affair. i

I am, with great Regard,Sir

&caLieut Colo Dalrymple

14th Reg*[Indorsed] : Copy/ To Lt Colo Dalrymple 14f Reg' at Boston

New York 19" March 1770 , \I

PRESTON TO GAGE |

Boston Marcli 19*'' 1770SIR ¡

Col: Dalrymple haveing informed me, that you desire tohave a state of the Unfortunate Affair, that ihappend onMonday the 5*'' ins*, I herewith inclose, & hope my long &close confinement, will effectually engage you with all yourinterest & infiuence, to joyn my friends in petitioning for HisMajestys pardon.


As the strongest ties of humanity & the tenderest regards formy fellow Creatures, together with a strict attention to myduty, are the causes of my present distress, I cann't supposebut they will merrit your attention, who possess them in soeminent a degree.

I went to the fatal place purely from that motive, to passifythe Mob if possible, to support the Sentry in his materialtrust, & restrain the Soldiers by my presence, from com-miting the mischiefs that happend; but the Mob were violent& the Soldiers insulted & struck were stimulated to executethe tragical scene that happend to my surprise & astonishment.

I am Sir your most obedient & very humble Serv*THO^ PRESTON

[Indorsed] : Cap- Preston 29"' Reg*March 19"' 1770Received March 25""Inclosing Case of Captain Prestonanswered

GAGE TO PRESTON

Copy New York March 26*'' 1770SIR,

I have received your Letter of the 19"' Inst : with a State ofthe Unfortunate Affair that happened at Boston on the ö**" ofthis Month. I am truely concerned at the unmerited Distressin which you have been involved, from the motives of Duty,and the most human intentions. I have seen no accounts ofthat Affair, except what has been given by People possessedof the vilest Talents of Misrepresentation, and the blackestMalevolence, Malice and Falsehood, who have not done youJustice, and Compassionated your Case.

You may be assured that every motive would induce me todo all that is in my Power for your Service, and that I shall byfirst Opportunity leave nothing undone, that I judge cancontribute to procure you the justice you deserve.

I am.Sir,

&ca

292 American Antiquarian Society, [Oct.,

Capt Preston29" Reg'[Indorsed] : Copy/ To Captain Preston

29''' Regiment BostonNew York 26"' March 1770

GAGE TO DALRYMPLE

Copy/ New York March 26* 1770SIR,

I find by your Letter of the 19''' Instant that both Regi-ments are actualy at the Castle, so no more need be said onthat Subject of removing them from Town. The LieutenantGovernor has wrote to me, I made some Mistake as to Wordsin the Application to you on that head. But it is the same in, my Opinion whether the Civil Government required. Prayed,or desired you to remove the Troops when the Reason given forit was to prevent a general Insurrection of the Province.

The Packet is hourly expected with the January and Febru-ary Mails, when it is supposed some particular Orders andInstructions will be sent to your Government, i till then theTroops will remain where they are. I do not however con-cieve from former Experience, that any thing very Materialwill arrive that wül require two Regiments to be kept at theCastle, one I believe will be sufficient to guard that Place, andeven unnecessary to leave any Troops there for a length oftime. I shall immediately after the Packet arrives, send youOrders to embark the 29''' Reg', unless the Contents of theDispiatches she shall bring, give me Reason to Act otherwise.After what has happened I can't avoid sending that Corps thefirst out of the Province; but I hope no Reasons will offer toprevent my Ordering the 14*'' to follow them some timeafterwards.

The Houses hired for Quarters in the Town should be givenup as soon as possible, for there is no Probability that theTroops will be ordered back again.

You undoubtedly did very right in sending Accounts homeof Captain Preston's Case, and of the whole Transaction of theNight of the 5':'' Instant, and I hope to see a fair Publication of


it in the Papers. Captain Preston has sent me his Case butsuch a one as I can't get Printed here; because it appears tooplainly to be wrote by himself; and he takes up the Affair fromthe first Arrival of the Troops at Boston, and censures theConduct of the Magistrates from the beginning. Some Stateof the Case should be printed here where there are Numberswho condemn the People of Boston. We see a Publication ofCaptain Preston's in the Papers, thanking the People forlaying aside all Prejudice &ca, I can't be a proper Judge at thisDistance, but I wish he may not have been too prematurein that Measure; And if illegal Proceedings are hereafter madeuse of against him, they will Justify themselves by his ownWords.

I am with great Regard.Sir,

&caLieu* Colonel Dalrymple 14 '' Reg'[Indorsed] : Copy/ To Lieu' Colonel Dalrymple 14f Regiment

BostonNew York March 26''' 1770

GAGE TO HUTCHINSON

Copy/ New York March 26*'' 1770SIR,

if * Ht it *

All I have been able to gather concerning the late unhappyAffair, that bears the least Resemblance to Truth is, thatthere was a Quarrell between two Soldiers and some TownsPeople, about 8 o'Clock at Night, and the latter rang the FireBell; upon which the People Assembled, and went in Bodys toseveral of the Barracks, where bad Language and a few strokespassed. That the mob afterwards passed the main Guard usingprovoking Speeches, and went to attack the Centry at theCustom House; to which place, a Party was sent to protect theCentry, and the Custom House. That the Party was attacked,and severely pressed, and fired in their own defence, withoutany orders from Capt: Preston to fire, who used all his En-deavors to prevent their Firing. However this Affair may have


happened it is much to be feared the Prisoners will not betryed by a fair and Unprejudiced Jury, and that the veryPeople who assaulted them will be brought as Evidencesagainst them.

I have the Honor to be with great Regard. |Sir I

&ca IHon'''^ L* Gov' Hutchinson 1[Indorsed] : Copy/ To Hon"^ Lieu* Gov^ Hutchinson Boston

New York March 26f 1770

DALRYMPLE TO GAGE

Boston March 27 1770By the irregularity of the arrival of the post youij Excellency'sletters dated March la"" and 19"' are only this momentarrived. ¡

I had laboured the points recommended in the first with theutmost zeal, tho in vain, no partial satisfaction would bereceived, and tho some time was used in moving the troops,no abatement in the tempers of the people appeared, such asto enable me to hope, that the alteration first proposed wouldbe satisfactory. j

I was willing to have given time to hear from you, and hadthe season been a common one, there was time' enough, notthat I think it would have produced any change', the badnessof the roads prevented the possibility, and the Solicitations ofthe people to accelarate the movement were very pressing.

It is in vain to expect any quarters or any other provisionfor. the troops, the assembly will do nothing of the kind, theLieut Governor tells me he could not even propose it to them,the expence must be the Kings while they continue in theprovince, no aid will be obtained from the provincial funds,nor will the Commissary advance a Shilling I do not indeedknow any place where troops can be kept Castle Williamexcepted, I have already enformed your Excelency of thedistressed state of its present Garrison.

I do not mention these difficulties to ehcrease your troubles,they must be got over as well as possible, and I shall exert mybest endeavours to obviate them as far as may be.


I remain in expectation of receiving your commands, almosthalf the Officers live as they can having no quarters at theCastle, an inconveniency they must endure untill something isdetermined Should the troops be continued-in the Castle, myprescence can be of little utility after things are settled, I shallthen hope for your permission to be absent from the Regiment.

By my last you will fully be made sensible of the expenceattending the Barracks now empty, and I hope you will bepleased to direct me thereon.

By the Lieut Governors letter you will easily judge of hispresent disposition, I do not believe he will act either by adviceor otherwise in any military affair, but will rather chuse toremain behind the Curtain, he has no earthly weight or powerhere, a proposal coming from him would be for that reason sureto miscarry, in such a state what good can troops do, the CivilMagistrate declares against them totally, and the Kingsrepresentative affirms that in that Capacity he never willemploy them, and adds that he does not consider his actingnow as Chief Justice legal.

I do not assert these facts either from dislike or ill nature, Ivalue the man, but it is my duty to state truths to you, inorder that a real estimate of the utility of troops being sta-tioned here may be formed.Many violency's have appeared in the papers and otherwiseto prejudice the cause of Captain Preston, I hope they mayprove of no effect, I cannot say with certainty when his trialwill come on

I have nothing further to trouble you with, the return of thepost will I make no doubt bring me some orders for my directionin the affairs of this place, whatever you order shall be donewith exactness. I have the honor to be your Excellency's

Most humble& most obedient Ser*, W DALRYMPLE

[Indorsed] : Lieu' Col? Dalr3rmple

gBoston March 27*'' 1770.Received April 1?*

answered

296

SIR

American Antiquarian Society

COUNCIL TO WM. BOLLAN

Boston March 27** 1770

[Oct.,

The principal thing which we think necessary you should beinformed of at this time, is the horrid Massacre which happenedin Boston on the Evening of the 5*' instant, when eleven of hisMajesty's Subjects were killed and wounded by a Party ofSoldiers of the 29. Reg*—their Leadear being (Dap* Preston.

The Soldiers in general, and particularly of that Regimenthave behaved with great Insolence and have committed manyabuses upon the Inhabitants of the Town, for which it were tobe wished that their Punishment had been adequate to theirdeserts.

But the affair which more immediately was introductoryto the said Massacre was a quarrell between some Soldiers ofthe 29*'' Regiment and certain Ropemakers at the Rope-walkof one M^ Gray. In the contest the Soldiers were worsted : andthis reflecting, as they thought, on the honour of the Regimentthere was a Combination among them to take vengeance onthe Town indiscriminately. Of such a Combina,tion there issatisfactory proof; and in consequence thereof there was on theEvening of the 5 instant a great number of abuses committedby the Soldiers on the Inhabitants in various parts of theTown, and being carried to such Excess by one party a Bell atthe head of Kingstreet was rung as for Fire, which broughtthe neighbouring Inhabitants into the Street; and as KingStreet was the last Scene of that Party's exploits , a number ofPeople collected there: about which time the Centry at theCustom House on pretence of having been insulted knocked atthe Door of said House, and speaking with somebody that cameout, there went from thence two persons to the| Main Guard(opposite to the Court House) and procured Cap* Preston witha party of Soldiers to go to the Centry. Cap* Preston there-upon went from the Guard House with a Party of seven oreight Men who passed roughly through the people, and pushedsome with their Bayonets 'till they were posted near theCustom House.


' This was resented by some of the People by throwing a fewSnow Balls. Soon after which the said Party fired, not alltogether, but in succession, by which means eleven personswere killed and wounded as abovementioned.

There are Depositions which mention that several Gunswere fired from the Custom House, and this matter is nowenquiring into— Soon after the firing the main body of the29''' Regiment appeared in arms in King Street, and weredrawn up between the Court House and Main Guard, and insuch posture as put the Inhabitants in fear of a further Mas-sacre, but by the good hand of Providence it was prevented.

The foregoing is a short and general account of this unhappyaffair agréable to the best intelligence we have hitherto beenable to obtain; The particulars of it are contained in a Narra-tive just Printed with Depositions annexed to it; one of whichwill be sent to you by a Committee of the Town.

There is great reason to apprehend that there have beenDepositions taken in this affair by the procurement of thedisturbers of the peace and union which ought to subsistbetween Great Britain and the Colonies—Depositions in-tended to make the faulty cause of that massacre and to makeit believed that the Custom House was then in danger of beingPillaged. But if any such Depositions have been sent home,they are altogether without foundation, there not being theleast ground, so far as we can learn even to suspect that anysuch design had been formed.

The Council desire you, and you are hereby instructed touse your best endeavours to procure Copies of such Deposi-tions (if such there be) and transmit them as soon as may be,and in the mean time to ward off any ill impressions that other-wise might be made thereby to the disadvantage of the Townin particular and the Province in general.

* * * * *William Bollan Esq[Indorsed] : Copy/ Letter from the Council of Boston to M'

Bollan NB: This Letter said to be drawn up byM' Bowdoin tho not of the councilTransmitted in Lieu' Gov^ Hutchinson's Letter ofThe If of April 1770.

298

SIR

American Antiquarian Society [Oct.,

HUTCHINSON TO GAGE

Boston 1 April 1770

The Representation which has been made to you of the lateAffair is, I have reason to think, a very just one. The only BellI heard was after the people were killed, but I have, since, nodoubt a Bell, at the other end of the Town, had been rung anhour or two before. That the party which went tb protect theCentinel was assaulted all agree; but there is a great contrarietyin the Evidence as to the degree of violence in the' Assault, oneside saying it was only with Snow balls & the other withBrickbats & clubs or sticks. There are several Witnesses whoare very positive they heard Capt. Preston give orders to fire,others, who were as near, swear that the men fired withoutorders, upon the provocation they received. I ! have takenevery measure that was likely to succeed to keep ¡off the Trialand shall continue to do so that people may have ,time to cool.The Grand Jury have joined with the Captain and Soldiersfour persons viz., M' Manwaring an Officer of thé Customs atGachepe two servants of the Board here and one M' Munroesaid to be an acquaintance of Manwaring, as Accessories forfiring out of the Custom house all upon the Evidence of afrench Boy of about 14 years of age a servant to Manwaringnotwithstanding that upon the information of this same Boya Warrant had been issued by a popular Justice and Man-waring apprehended & dismissed upon the detection of thevillainy of the Boy. All four have Iain near a week in Gaol.Upon a petition to be admitted to Bail the Court are todetermine upon it tomorrow and I suppose cannot refuse it.The Grand Jury I am well informed took pains | also to findsome sort of evidence to bring the Commissioners of theCustoms in as conspiring with the army to massacre, as theyterm it, the Inhabitants. Thus, when the people are infatuated,this excellent part of the English Constitution, a Guard to the

Lives of the Innocent, is improved to bring them into danger.I am sure, just now, the most innocent are the least secure.

THO HUTCHINSON


I will cover the copy of a Letter sent by the Council to theirAgent It was drawn by M' Bowdoin tho' not of the Councilwithout any Act or Order of Council and given by him to M'Erving his father in law & so offered for acceptance. Give meleave to ask your favour in forwarding the inclosed by firstpacket or other conveyance.

His Excellency General Gage[Indorsed] : Lieu- Gov' Hutchinson Boston April if 1770

Received April 7"'Inclosing a Copy of a Letter from the Council toM^ Bollan

answered

DALRYMPLE TO GAGE

Boston April 2-» 1770I had the honor of receiving your Ex?'' letters by the lastpost, the enclosed was delivered immediatly

I cannot I own see the merit of the distinction in the wordsas mentioned in the Lieut Governors letter, the evil to beavioded was the true reason for acting as we did, he is hourlymore sensible of the ill consequences that would have attendedan opposite conduct. Soldiers here have but two things to do,either to suffer themselves to be abused at the pleasure of everyperson, untill their lives are in danger, or. by resisting anddefending themselves run almost a certainty of suffering by

, the law.I send you some Affidavits that may serve to shew in how

far we are agressors or otherwise, I could send many more ifnecessary. I shall be able to pay off the houses in their turns,and to do everything that is wanting, if the money due for theRents comes to hand.

I shall pay particular attention to the arrival of the Mailsand as they will probably alter the numbers of troops kept atCastle William greatly no expence to be avoided has, or shallbe, made. Untill things are very differently circumstanced inthis province, both as to its government & constitution, a


Military force in it can only subject his Majestie's troops toredicule & oppression, the Magistrates for who's assistancethey were entended, considering them as burthens rather thanin any other light.

I know nothing further of the trial then when I wrote last,if it comes on while the present ferment prevails, those con-cerned are in the greatest danger, peoples passions are not yetabated, and much art is used to give them life & continuation.

An endeavour has been made to connect the p eople of theRevenue in the late unhappy affair, some of the enferiourofficers are sent to prison, but the thing will I am told reflectdisgrace where it is justly due.

I shall at all times do every thing for the best of I the Service,and therefor your instructions shall meet the most attentiveobedience.

I hope you will write to the L* Governor and enforce thenecessity of postponing the trial, if it comes on soon they arelost, if not reprived, to do which, would cause more clamor thanthe other.

I never saw the Advertisement you take notice of untill itappeared in the papers, nothing could be more injudicious, orrash, who was the adviser of it I know not j

Your goodness wül encline you to give me a litie relaxationwhen the service will allow it, I shall therefor say no more of it

How you will dispose of the Regiment you mention I knownot, as the prejudices here against them are very, strong, anddiligence has been used to spread them all over the Continent,I wish their caution, & order, may be able to counteract thereports, tho I have doubts of it |

I have the honor to beYour Excellency's

Most humble& most faithfull Ser'

W DALRYMPLE

[Indorsed] : Lieu* Col? DalrympleReg*

Boston April 2' 1770Received April 7*''

answered


GAGE TO DALRYMPLE

Copy/ New York AprU 9f 1770SIR

I am to acknowledge your two Letters of the 27"' March,& one of the first Instant. Experience has fully shewn us theinutility of quartering Troops in Boston, either for the sup-port of Government, or the Preservation of the publick Tran-quility. And yet the Officers of Government choose to havethem near, I believe as a dernier resort, to protect their Personsin a Retreat, if the People should Attempt to drive them awaya Circumstance which may happen, & which they appear tohave Apprehended. I see no other reason for keeping Troopsin the Province unless other Maxims are pursued, than havebeen Adopted hitherto : And till measures are Changed, neitherLaw or Government can possibly prevail in Boston.

I thank you for the Depositions, which serve to prove thePremeditated design in the People to attack the Soldiers; tho'I dare believe, considering that Oaths are more easily procuredat Boston, than the Old Baily, that the Malevolent & MaliciousSpirit which prevails, will procure Witnesses enough to Swearto every thing that will Answer their Purposes. You will Seea Letter in one of the New York Papers, wrote from Bostonwhich gives some Account of the late Riot at Boston, but ISuppose none of the Printers there dare publish it. I was gladto see some true Representation of the Affair committed to theinspection of the World, which believe me was become highlynecessary. And I hope care is taken to have an AuthentickNarrative of the whole published in England, for I find allEndeavors are used to poison the minds of the People at Home.The Ministry may be undeceived, but that will not be suffi-cient. It is now become usual to open the Eyes of the Peoplethro' the Channel of the Press.

The Packet is still out, and we are daily looking for her. Thenews by a Ship from Lisbon to Philadelphia, you will see in thePapers. The Chancellor removed & his Successor Dead, manyChanges & Occurrences reported. You mention a Narrative,it was not inclosed.


I am, with great Regard,Sir,

&caP:S: Colonel Robertson has been spoke to concerning theRents due for the Houses, and he will write on the Subject bythis Post. jL\ Colo: Dalrymple14*''Reg' j[Indorsed] : Copy/ To L* Colo Dalrymple 14*'' Reg* at Boston

New York 9*" Aprü 1770 i

GAGE TO HUTCHINSON

Copy/ . New York April 9''' 1770.SIR," I am concerned to find by your favor of the if Instant, thatthe Spirit of Malevolence and Malice is still ija force, andconsidering the Pains that is taken not to let it Subside, it isnot to be wondered at. In this Situation of People's Mindsheated by the Violence of Factiori, and urged by; a Thirst forRevenge, there seems very little Probability that the Prison-ers can have a fair and impartial Tryal. The only thing whichappears most proper at this Distance, is to postpone theirTryals as long as possible, in the Hopes that People will coolby Degrees, and be more cautious of Oaths whjen they givetheir Evidences. If you are of this Opinion I ani certain youwill use every legal means in your Power to put their Tryalsoff as long as it is possible; and I believe the longer they arepostponed, the better it will be for the Cause of Truth andJustice.

I thank you for the Copy of the Letter to M' Bollan, filledas usual with gross Misrepresentations, and I presume a Copyis transmitted to the King's Ministers.

^ Lieu' Gov^ Hutchinson[Indorsed] : Copy/ To Hon '® Lieutenant Governor Hutchinson

BostonNew York Aprü 9*'' 1770


SIR

HUTCHINSON TO GAGE

Boston 13 April 1770

I have assurance from the Court that they will continue theTrial of Captain Preston and the Soldiers until the last week inMay, and I doubt not they intend it. Great pains is taking tointimidate the Judges & compel them to bring it on sooner. Ihave the honour to be with great respect

S'' your most humble & most obedientservantTHO HUTCHINSON

His Excellency General Gage[Indorsed] : Lieu' Gov^ Hutchinson

Boston AprU 13''' 1770.Received April 18'''

DALRYMPLE TO GAGE

Boston April 15*'' 1770I had the honor of your Excellency's letter dated the Q*"" ofthis month, the apprehesions of the oflScers of the Crown hereare certainly such as you mention, and they may not beentirely destitute of foundation

The letter that appeared in the York paper, was perfectlywell calculated to effect the purpose of clearing up the point inquestion, more said would have only served to stamp it withthe epithet of a party matter, less would not have conveyedthe truth.

It is in vain to contest here by the force of evidence, I amtold that to the scandal of human nature some most shamefuUand apparent perjuries have appeared, and if anything more iswanted I make no question that there are still others to befound ready to give assistance in the same way. The supposedministerial change gives great pleasure to the people here, theydoubt not that all their grivances will be redressed, I must ownthat any thing is preferable to a dispute managed as thatbetween Britain & the Colonies has been.

W DALRYMPLE


[Indorsed] : Lieu* Colonel Dal-rymple 14"' Reg •Boston AprU 15* 1770Received April 21'*

answered

Dalrymple to Gage, April 20, 1770

Hutchinson to Gage, April 22, 1770

DALRYMPLE TO GAGE

Boston April 23^ 1770I do myself the honor to send you a Copy of the Narrative,by some mistake it did not come to your hand earlier. I amafraid it may not be well drawn up, as I am little used to' suchmatters, it is however strictly true, nothing set down in malice,many more aggrevating circumstances might have ¡been added,but the air of moderation seemed to me the most becoming insuch representations.

[Oct.,

[Indorsed]: Lieut Col° DalrympleBoston April 23" 1770.Received April 29**"

Answered

w DALRYMPLE

Reg^

Gage to Hutchinson, April 23, 1770

Gage to Dalrymple, April 23, 1770

DALRYMPLE TO GAGE

. Boston April 24"' 1770Since the last letter I had the honor of writing to your Ex-cellency a ship is arrived, she left London March the 12"'Lieut Urquhart & Ensign Dun of the 14"' reg' came in her,the last in the room of Ensign Leigh.

On the 5"' of March the American affairs came on, GeorgeOnslow moved for leave to bring in a bill to repeal the three


Articles, the tea was not mentioned, it was carried without adevision. The consequences of the partial Repeal here, seemto be very bad the people are vastly more disatisfied thanbefore, and I am much mistaken if it be not found an unluckymeasure.

Pownal spoke with great heat, and charged the troops withevery disorder that has arose in this part of the World, Col,Mackay stood up and retorted on Pownal, charging thefactious disposition to the encouragement received from Mem-bers of that house, and particularly from Pownal.

* * * *

W DALRYMPLE[Indorsed]: Lieu* Coll: Dalrymple 14*'' Reg* Boston

24" AprU 1770Received May 2''answered


Gage to Hutchinson, April 28, 1770

GAGE TO DALRYMPLE

Copy/ New York April 28*'' 1770SIR,

* * * *

You will of Course detain all Officers or' Men who may bewanted as Evidences at the ensuing Tryals of Captain Prestonand the Soldiers. I have transmitted home the best Account Icould of that Affair, collected from Passages of Letters, Andsuch other Materials that I could procure. Shewing withal thelittle Chance the Prisoners had to escape, whether culpable ornot, unless Government interfered and delayed Executions,till a thorough Information was obtained of the true Conductof the Captain and Soldiers, to enable them to Judge, how farthey are Objects of the Royal Mercy. I have done all I could,but unfortunatly my Letters go home very late. And I must,repeat my Sollicitations to postpone the Tryals as long as


possible; to effect which I am assured the Lieutenant Governorwill do all that lyes in his Power.

I understood from your first Letters on this Unhappy Sub-ject, that you had transmitted home a Narrative thereof, aswell as an Account of all that followed, which occasioned theRemoval of the Troops, to the Barracks at Castle William.You don't saiy to whom you transmitted those Accounts, but Iam to hope they are to some Public Office, and that someMeasures will be resolved on before my Letters get home.

Captain Preston's own Account I rather wish kept herethan sent home. He had no Business to defend the CustomHouse, unless legaly called upon. I suppose his Motive forsending the Party was, to relieve the Centry who was attacked,and bring him back to the Guard to prevent Mischief. OtherMotives were no doubt good, honest and Military, but theymay not be good in Law, where a Military Man Acts by hisown Authority Solely.

I am with great Regard.Sir,

&caLieu* Colonel Dalrymple, 14f Reg*[Indorsed] : Copy/ To Lieu* Colonel Dalrymple U f Regiment

Boston,' ' New York AprU 28 * 1770.


Copy/SIR,

GAGE TO HUTCHINSON

New York April 1770.

The Fate of Richardson which you mention in your Favor ofthe 22*? Ins*, shews what is to be expected on the [Trials of Cap*Preston and the Soldiers of the 29**" Reg*. In my Account of theunhappy Transactions of the ö*"" of March, I have not omittedto state the Situation of the Town and temper of the People,the efforts to infiame them to a Thirst of Revenge, and theEndeavours used to overawe the Judges. That these Cir-cumstances rendered it next to impossible that those un-


fortunate People could have a fair and impartial Tryal, or anyChance for their Lives, whether culpable or not, unless govern-ment should interfere to postpone Executions, till Reportswere made to the King; that His Majesty might be able toJudge how far they are real objects of the Royal Mercy. Butmy Letters unfortunately go home late, and the Tryals willcome on before any orders can be received relative to them,unless they can be postponed to a longer Term. The Cause ofJustice demands Delay, but I am not able to Judge how farthe Law will admit of it, and therefore I may act improperlyin entreating you as far as consistent with your Duty andPowers to get the Tryals delayed as long as it shall be possible.

* * * *

THO? GAGEHon ' Lieu* Gov^ Hutchinson[Indorsed] : Copy/ To the Hon'?' Lieutenant Governor Hutch-

insonat Boston New York April 30Í'' 1770.

GAGE TO DALRYMPLE

Copy/ New York April 30*'" 1770SiH,

* * * * *

I thank you for the Narrative, the Substance of it, I havetransmitted home in part. I have related the Situation of theTroops previous to the 5''' of March, and added the trans-actions of that night to the Firing of the Soldiers upon theMob, and the Commitment of the former to Prison &f. Asfor the Resolves of the Council and Town Meetings, and Re-moval of the Troops to Castle William, I have referred to theLieu' Governor's Dispatches and yours.

• * • * * ,

L* Col° Dalrymple[Indorsed] : Copy/ To Lieu' Col"! Dalrymple 14f RÍ at Boston

New York April 30*'' 1770

Dalrymple to Gage, May 4, 1770


DALRYMPLE TO GAGE

Boston May

[Oct.,

1770

[removal of 29th regt.]All who can be of use in the ensuing trial shall' be detained,

the postponing of this affair is the only eligible measure, partyzeal has entirely got the better of reason, and I believe it maybe added justice, procrastination is our only course, as thingsare now situated.

I presumed to write to Lord's Hillsborough, & Barrington,as well as to General Harvey, on the unhappy affair of the ö"*of March. I sent each a Copy of the Narrative, I also wrote tomy private friends, you are good enough to excuse this liberty,to prevent unjust impressions is certainly prudent!

In my own private situation much blame must ¡be expected,and I trust to your candour for my defence, if any thing en-jurious to my reputation should appear, I beg your permissionto do myself justice on the spot where such en juries may beoffered, no person has had a more difficult par!t to act, theapplause, or disapprobation, will I trust be proportionate.

I agree perfectly with you on the propriety of keepingCaptain Preston's state of his case to ourselves, the doingones duty well here is dangerous, and will be thought illegal.

W DALRYMPLE[Indorsed]: Lieu' Col» Dalrymple 14 '' Reg' Boston May of

1770. :Received May 13''' answered '

Gage to Hutchinson, May 7, 1770

SIR

HUTCHINSON TO GAGE

Boston 91 May 1770

I have much at heart the case of the Officer & [Soldiers andshall do every thing in my power to prevent the Injustice you


fear; but all I can do is to improve every circumstance whenit happens, to secure this principal point, for there is no fore-seeing what will happen when every thing depends upon thehumour of the people. I have no great hopes of continuingthe Trial but will not cease endeavouring to do it.

* * * * •

THO HUTCHINSONHis Excellency General Gage[Indorsed] : Lieu* Gov' Hutchinson

Boston May 9' 1770 'Received May 17"'

answered

Hutchinson to Gage, May IS, 1770

Gage to Hutchinson, May 21, 1770

Dalrymple to Gage, May 26, 1770

Gage to Dalrymple, May 27, 1770

HUTCHINSON TO GAGE

Boston 1* June 1770SIR

I have given constant attention to the case of CaptainPreston and the Soldiers & by taking the advantage of anumber of accidental occurrences have procured without anyTumult a continuance of the Trial to the next Term, whichbegins the last Tuesday in August, before which time I hopefor some express orders from the Ministry. I never could bereconciled to the Trial's being brought on this Term, but theTemper of the people was such that it was necessary to keepthem in expectation of it until they were somewhat cooled andcould be diverted by some other Subject for their attention.The Court took the opportunity of the time for the Electionof Councellors, when the minds of the people had been muchengaged in a jovial celebration of the Festival at Boston inopposition to me for carrying the General Court to Cambridge,

310 American Antiquarian Society i [Oct.,

and adjourned without day. I expect some inflammatoryRemarks in t he News papers and, it may be, from the Pulpitsbut I hope it will end there. We have no later news than the7 of April. I have the honour to be |

Sir Your most humble & mostObedient Servant ,

THO HUTCHINSON

His Excellency General Gage ,[Indorsed] : Lieu* Gov^ Hutchinson Boston June if 1770

Received June 10*''answered i

Dalrymple to Gage, June 4, 1770

Dalrymple to Gage, June 7, 1770I

Gage to Hutchinson, June IS, 1770 j

GAGE TO DALRYMPLE

Copy/SIR,

New York June 17"' 1770

No News but what you will see in Print, and most of that false.I would here mention, that it is absolutely Necessary everything relating to the unhappy affair of the 5*'' of IVIarch, shouldappear as full as it is possible upon Captain Preston's Tryal.Not only what happened on the said Night, should be cir-cumstantialy made to appear, but also every Insult andAttack made upon the Troops, previous thereto, with thePains taken by the Military to prevent Quarrells between theSoldiers and Inhabitants. The Treatment the' Troops havemet with at different times from the Magistrates, and theEncouragement the Magistrates have given the Mob to commitRiots, and insult the Troops, should likewise be proved andintroduced if it is possible. If such things canlnot be intro-duced at the Tryal, Affidavits should howeve?- be procuredof these several Circumstances, and printed with the Tryal,which ought to be taken down for the purpose. All these


together, if its found Adviseable after the Tryal, might bePublished in one Pamphlet. Every Military Man will certainlycontribute towards the Expence of such Proceeding, for itconcerns every Body. But what I say, about introducing everyCircumstance that the Court will permit at the Tryal, isabsolutely necessary, for the Sake of Captain Preston and theSoldiers. And for Reasons, which I am not now permitted togive you. Preston's foolish Advertisement is printed with therest, so you see they have already made their use of that un-advised Step. Pray think seriously of all I have said, and putall hands to work.

HI * * Hi

Lieui Colonel Dalrymple 14 '' Reg*[Indorsed] : Copy/ To Lieu* Colonel Dalrymple lé*"* Regiment

BostonNew York June 17f 1770

Hutchinson to Gage, June 19, 1770

DALRYMPLE TO GAGE

Boston June 19"' 1770By the return of the Express I do myself the honor of writingyou a few lines

I am honored with letters from Lords Hillsborough &Barrington, they are very favourably worded, and I make nodoubt that every proper countenance wUl be afforded CaptainPreston.

if * * * *

W. DALRYMPLE[Indorsed]: Lieu* Col? Dalrymple le*.*" Reg^

Boston June 19f 1770.Received June 24**

answered

Hutchinson to Gage, June 21, 1770


HUTCHINSON TO GAGE

Boston 22 June 1770S I R I

I ever supposed it would be necessary for me, at all eventsif Capt. Preston & the Soldiers should be founä Guilty andSentence be passed to grant a Reprieve until His Majesty'spleasure should be known. I am now under stronger Obligationto do it than before having received His Majestys expresscommands so to do. I am much less concerned from an appre-hension of the rage of the people against me than I am fromthe danger in our present dissolute state of Government, ofthe people's taking upon themselves to put the Sentence intoexecution. I do not believe I have one Magistrate who wouldbe willing to run any risque in endeavouring to prevent it. IfTroops were in the Town I don't know that a Magistrate wouldemploy them on such an occasion but I think they might not-withstanding be the means of preventing it. What measureswill be taken in England is to me very uncertain.i It is incum-bent on me to mention my apprehensions to you, ¡but I do it inthe most confidential manner least their being known mightsuggest to some what, perhaps otherwise they would not havethought of, but as there will be probably ten or twelve weekstime before the Trial will come on I shall be glad of youropinion upon any steps which can be taken to guard against sofatal an Event.

* * *THO HUTCHINSON

His Excellency General Gage i[Indorsed] : Lieu' Gov' Hutchinson Boston June 22'? 1770

Received if July. answered

HUTCHINSON TO GAGE

Boston 23 June 1770SIR

After I had wrote to you yesterday I receiyed, towardsevening, at my house in the Country a Message from Col°Dalrymple at the Castle with a Letter he had received from


Cap' Preston expressing his great fears that the people were soenraged as to force the Gaol that night and make him a sacri-fice, several of his friends having informed him this was theirintention. I sent immediately proper Orders to the Sheriff & Idirected to every precaution I could think of but, being ex-tremely uneasy, I went to Town. I found the people wereenraged upon reading Capt. Preston's Narrative which I wishhad not been published in England. I sat up until midnight anduntil the Scouts which had been sent to different quarters madereturn that all was quiet and I find that where Capt. Prestonsfears have come to the knowledge of the Liberty People theyhave generally remarked that what ever danger there may beafter Trial it would be the heighth of madness to think of anysuch thing before. I shall however continue all the caution Ihave in my power. I am very respectfully

Sir Your most Obed Humble 'Servant

THO HUTCHINSON

His Excellency General Gage[Indorsed] : Lieu- Gov- Hutchinson Boston June 23'? 1770

Received 1 ' July answered

Dalrymple to Gage, June 2^, 1770

Gage to Hutchinson, July 1, 1770

Gage to Dalrymple, July 1, 1770

Dalrymple to Gage, July 2, 1770

Gage to Dalrymple, July 9, 1770

DALRYMPLE TO GAGE

Boston July 9«'> 1770* * * if

The Boston express is returned the account of their embassyand its success I will give you as the Sons of Liberty report of it.

The Bearer of it one Gardiner on his arrival was examined


before the Privy Council, & before a Committee of. Parliament,the grivances of the Town of Boston were made to appear suchas could not be endured, the oppressions committed upon theenhabitans were held such as were never before heard of, and inshort the Soldiery were plainly the agressors.

Letters are arrived from Pownall Bollam, M^' Macauley&&&, the first in his letter to the Select men tells them that hehas authority of the highest kind, to enform them that ordersare dispatched to America to remove all Naval & military forcefrom amongst them, pray god it may be true.

I shall only add that this Gardiner who's testimony hasproduced such miracles is supposed to have been one of themost active leaders in the riot of the 5"' of march; therefor hisdetail of the matter must have been truely candid.

W. DALRYMPLE[Indorsed]: Lieu^ Col"! Dalrymple 14^ Reg- Boston July

1770Received July 15f

answered

Hutchinson to Gage, July 9, 1770

BOSTON COMMITTEE TO PRESTON l

Wednesday A: M: July 11Î'' 1770

In thé Interview we as a Committee of the Town of Bostonhad with you yesterday, you may remember, wej told you wewere dispos'd to consider you as a man of too much honor to bethe author of the publication in the public advertiser printed inLondon April 28*'' call'd the Case of Capt. Tho^ Preston and,the Letter to the public in the public Gazette of y 12*'* Marchlast; as those papers directly militate with each other. TheLetter we refer to is as follows i


Mess" Edes & Gill Boston Goal Monday 12 '' March 1770Permit me thro' the Channell of your paper, to return my

thanks in the most publick manner to the Inhabitants ingeneral of this Town—who throwing aside all party & preju-dice, have with the utmost humanity & freedom stept forthadvocates for Truth, in defence of my injur'd innocence, in thelate unhappy affair that happen'd on Monday night last : andto assure them, that I shall ever have the highest sense of theJustice they have done me, which will be ever gratefullyremember'd by their much oblidged & most obedient Humble

Servant THO° PRESTONIn the course of our Conversation you inform'd us, that the

State of the Case publish'd in the Advertiser was very differentfrom what you first wrote; that your Ace* of that unhappyaffair was put into several hands here at different times, andalter'd by the persons to whose Judgment you submitted it;and, that it now appears in the public advertiser different fromthe paper which you last saw, & which you finally determin'dto send home as the State of your Case; but you declin'dpointing out the particular alterations w"'' have been made,because you suppos'd those alterations were made by yourFriends, with design to serve you; & you were apprehensivethat by particularizing the passages alter'd, you might givesome offence.

We are very sensible of the delicacy of your situation; &would by no means urge you to any thing w"'' might lessen thenumber or influence of your friends; but as we know, that aconspiracy has long been form'd against the rights & libertiesof the people & more especially of this Town; & as we have thefullest proof of the most gross misrepresentations having beensent home to his Majesty & the Ministry, we cannot avoidrequesting you in behalf of the Town to explain, as far as youare able, some parts of that case publish'd in the advertiser,& as we shall forbear touching upon any thing w';'' has animmediate connection with your conduct in that affair, wethink you cannot, consistent with your honour, suffer a paperpublish'd in your name, containing such injurious chargesagainst a Community, to pass unnotic'd, when an Explanationis desir'd by the persons affected.


The Case, as it is call'd, sets forth, that "the Inhabitantshave ever us'd all means in their power to weaken the Regi-ments, & to bring them into contempt; by promoting & aidingdesertions, & with impunity, even where there nas been theclearest evidence of the fact." We desire if it is inl your power,you would point out one Instance, where there has been clearproof of any person's having aided or promoted the Desertionof any Soldier from the Regiments in this Town. It is asserted"that upon the arrival of the 64*'' & 65*:^ Regiments the Ardorseem'd to abate, but upon their being order'd away, it beganto revive." for our parts, we observ'd no such abatement orrevival, & we cannot but wish to be inform'd how it became

known to the author of the Case. But the most cruel chargewhich Malice & Guile could form against an innocent Com-munity is contain'd "in the following paragraph. The Inso-lence, as well as utter hatred of the Inhabitants to the Troops,increas'd daily; in somuch that Monday & Tuesday, y ö*"" &6*" Ins* were privately agreed on for a general engagement, inconsequence of which several of the Militia came from theCountry, arm'd to join their Friends, menacing to; destroy anywho should oppose them. This plan has since been dis-cover'd." j

Is it possible, for you. Sir, or any person on Earth, to producethe least shadow of proof to support this barbarous accusation?if it is, we beg it may no longer be conceal'd from us. and wehope, if this is not one of those alterations above mention'd,you will inform us how it appears that such a plan was everform'd, or even tho't of. This cannot but be judg'd highlyreasonable, as it is of the greatest importance to the public; &can have no Effect on your private concern, if it is one of thosealterations, we should be very glad td know whom we mayapply to as the author.

We think the State of the Case is in many other respects veryexceptionable; but shall omit taking notice of any thingfurther at this time, as we would do nothing w* might bedetrimental to you; nor should we have troubled you at all inyour present disagreeable circumstances, had we known anyother method of coming to the knowledge of our ajccusers.

If we receive no answer to this by to morrow 10, °Clock, we


shall conclude you have ^nothing to offer in defence of thepEissages referr'd to in the paper circulated, as the Case ofCapt. Thomas Preston.

We are S' your mostHumble Servants.

THOMAS CUSHINGRi DANASAMUEL ADAMSJOHN HANCOCKW" PHILLIPSW MOLINEUXEBENEZER STORER

Cap' Thomas PrestonTo this no answer was sent

(Copy)[Indorsed] : Copy of a Letter to Cap' Preston from People who

call themselves the Committee of the Town ofBoston.July 11':'' 1770.

Gage to Hutchinson, July 16, 1770

GAGE TO DALRYMPLE

Copy/ New York July 15f 1770SIR,

I thank you for your Letter of the 9''' Instant, and am muchof Opinion, if M' Pownall has assured the People of Bostonthat Orders are dispatched to America to remove all MilitaryForce from amongst them, that he has decieved them. Nothingwas determined, you may be assured, when Pownall wrote, forthe Ministry would resolve nothing, till the Affair had beenbrought before the Parliament. That they might be inclined,in the perplexed Situation of Government, to do what youSuggest, is very probable, and we hear that the Bostonians hadsent over a Number of Depositions which were arrived, with-out any thing to contradict them.


Lieutenant Colonel Dalr3TnpIe lé'*" Reg'[Indorsed:] Copy/ To Lieu* Colonel Dalrymple 14Í*' Regiment

BostonNew York 15Í'' July 1770

ANONYMOUS TO PRESTONI

Boston 20i''| July 1770SIR/ ' . !

I am well inform'd that M^ Strong who is an Englishman &writes in the Custom house, can be of great service to you asan Evidence, he was a Witness to the whole; affray thathappen'd on the 5''' of March, and according to his relation ofit, it appears very much in your favour; I have rec"? thisintelligence from a Friend to whom M^ Strong ccimmunicatedthe particulars. '

I likewise think myself oblidg'd to inform you, that thepopular prejudice is much against you, I have been told bymany that his Majesty's pardon will avail you npthing, & byway of precedent they mention the affair of Porteous.

From these circumstances I am led to believe there will beno protection for you without the aid of a Military force.What I have now communicated to you is done wlith a full re-liance on your honour, that the Authors name will never bemention'd, if it should the consequences would be! nothing lessthan his total ruin. As an Englishman & a friend ¡to Justice, Iwill faithfully transmit to you such intelligence aslmay appearto be of service in your cause, & in case you shoulld be inclin'dto have a more minute detail of matters of fact, I lam ready atany time to gratify you in this respect.

I am Sir your most humble Serv'To Capí Tho^ Preston

(A Copy) I[Indorsed] : Copy/ Letter to Capí Preston 29'^ Regí Boston

July 20«' 1770. NB : Anonymous. j

Dalrymple to Gage, July 23, 1770


HUTCHINSON TO GAGE

Boston 29. July 1770SIR

By Thursdays post from Philadelphia M\ Bowdoin, who isChairman of what is called the Town's Committee, received aletter from M' Trecothick which, he says, he wrote at thespecial desire of the Duke of Richmond to advise the Town, incase Capt Preston and the Soldiers should be convicted, tointercede for a respite that they might be recommended to theKing for mercy and, M" Trecothick adds, that it is the opinionof the Opposition that this would be a very likely measure todo the Town service and to remove the Imputation of thirstingafter the Blood of the Troops. That there is a letter to thispurpose Í3 certain and I have pretty good authority to believeit is exactly as I have related.If these people had any degree of ingenuity or discretion theywould follow this advice, but they have none. The letterhowever may have a good effect. It may keep them underrestraint as they will be more inexcusable after this recom-mendation if any Outrage should be committed. Although itdoes not occur to me that any thing can-be done by youin consequence of this intelligence yet I think it proper tocommunicate it. I have the honour to be

Sir Your most humble& most obedient servant

THO HUTCHINSONHis Excellency General Gage[Indorsed] : Lieu* Gov^ Hutchinson Boston July 29*'' 1770.

Received Aug* 5^^ acknowledged

GAGE TO DALRYMPLECopy/

New York August 5f 1770SIR,

I am informed, as well by other Advices, as your favor ofthe 23f Ultimo, that all Enquiry into the Affairs of NorthAmerica, has been postponed for this Sessions, and possibly


for the next also. It is in vain to argue upon it, but perhaps thePacket expected, may assign some Reasons for such Proceed-ing. I

As you have sent home Affidavits in support of the Narrativeyou transmitted concerning the Transactions of the 5*?" of lastMarch, I dont see that more could have been done. Truth cannever Swear against Perjury; for She must be outsworn; Iobserve from your News Papers, that an Account of the aboveTransactions is printed with a Number of Affidavits annexed;And suppose some of the Copys will be sent to this Place fromBoston. ¡

It is to be hoped that Captain Preston and the Soldiers willhave the best Advice to be procured. If there is any doubteither of the abilities or good Intentions of their Council;Lawyers should be procured from some of the other Provinces.They ought not to be too secure because they are ¡conscious oftheir Innocence, but consider, that every Endeavor that hatredand Malice can devise, will be exerted to convict them at theirTryal; And they must expect to struggle with the blackestPerjury. No Evidence therefore or the smallest Circumstanceshould be omitted, that can in any shape tend to acquit them.

In a former Letter you told me you understood, that twoof the Judges had resigned. I have not heard ¡that Eventconfirmed, which would indeed be a very Material one, inmany respects, to convince the World, of what you are longconvinced of. :

I am with great Regard,Sir, I

, &ca. ILieu* Colonel Dalrymple ¡[Indorsed] : Copy/ '

ToLieu* Colonel Dalrymple

14Í'' RegimentBoston

New York August 6f 1770


PRESTON TO GAGE

Boston Goal Aug* 6*'' 1770SIR

The kind reception you have given my letters, has en-courag'd me to trouble you with this, being uncertain how farit is in your power to assist me.

I hop'd that time would mitigate my troubles & the madnessof the people, but on the contrary it increas's every day, &indeed they are so bad here, that you whose heart is dia-metrically opposite can have no conception of their wicked-ness, unless you extend your ideas much further than commoninto the gloom'y recess's of the human breast.

They proposed at a town meeting to deny me the use ofPen Ink, & Paper. They sent home a most false account ofthe affair of the 5*'' March,' & have since made additions to it.They have sent off some of my principal Evidences, & aredaily spiriting away more, & have so threaten'd others thatthey are affraid to appear at the tryal. They have publish'dreports & pretended letters of his Majestys having sent me apardon, that so they may quiet the Conscience of the Jury,who therefore may the sooner find me guilty as they are toldnothing bad will happen They have privately resolvd, thatpardon shall not be of any use (should it be come,, which itreally is not) as they have determind I shall meet with Por-teus's fate, & if found guilty, taken out & hangd directly, asseveral letters on that head have acquainted me, a copy of oneI here with send you. They have receivd letters from AldermanTrecothick to M' Bowdoin here, at the desire of the Duke ofRichmond, recommending to apply to the Lieu* Governourfor a respite, & afterwards to the King for a pardon for me, incase of being found guilty, as a conciliating measure betweenthe two Countrys, but this letter they have secreted. Theyhave also publishd all the Affidavits taken against me, toinfiame the minds of the people far & near, & prejudice themat my tryal. The Committee came to me to question me aboutmy case, & next day sent me a letter, a copy of which I begleave also to inclose you.

I shall leave you to animadvert on the foregoing, & believeit will not be very difficult to determine what will be my fate.


if Troops do not arrive here before my tryal; but should thisbe the last letter, as it is very probable I shall trouble you with,I beg you would believe me to be truly grateful for your friendlyattention to my unhappy situation, and that I am with thegreatest sincerity

Sir your much obliged andmost obedient humble Servant

THO* PRESTONTo IGen! Gage[Indorsed]: Capí Preston 29f Reg*

Boston Goal Aug' 6*'» 1770Received Augí 12fInclosing Copy of an anonymous letter to himCap* Preston. |Copy of a Letter from a committee ¡of the Townof Boston dated July 11''' 1770Answered

Dalrymple to Gage, Aug. 9, 1770

DALHYMPLE TO GAGE

Boston August 12'" 1770I had the honor of your Excellency's letter dated the 5 ultimo;with this you will receive a letter wrote to me by M' Murray.

I lost no time in laying it before the Lieut Governor, hebeing the person principally to be consulted in the affair theletter treats of, he judges the proposal rather to' be ill timed,and more the effect of a seeming zeal than a real desire torender service to the parties enterested, he thinks M' Murraywishes to establish to himself some degree of merit by the offer,which he must know is such as cannot be accepted.

I lay the matter before you and if the road pursued in thismatter be a wrong one, you will please to enstruct me how toproceed in a manner more to your satisfaction. If matters takea turn by which the lives of the persons to be tried are in


apparent danger and a repetition of the same proposal is made,I do not then suppose that the Lieut Governor will call the aidof the military, and I think without his interposition, the pro-posal of the single Justice would not be a sufficient authorityto act upon. I must beg the direction of your better and moremature judgement on this point, it would give me true pain tothink I had omitted any thing that could contribute to thepreservation of the persons who have already suffered so much.

The best lawyers to be obtained here are engaged for CaptainPreston, and I hope they will do their duty, but when I con-sider the spirit prevalent here, as well as the unfavourableideas universally held to the prejudice of the kings servants, Icannot hope that their exertions will be proportionate to thegoodness of the cause. Lawyers from other provinces wouldprobably do much better for their Client, not being residentshere they might exert their abilities without apprehension offuture enjuries; but where are any to be had; M' Auchmutythe Judge of the admirality is engaged to appear, but I ammuch mistaken if he will not disapoint Captain Preston, whenthe Crown Lawyers fall off, the opinion of the others maybe easily collected.

The behaviour of the people at the late town meetings, thepubhshing the Narrative & affidavits sent home are plain en-dications that every art will be used to enflame mens minds,and if there appears calmness, justice, or moderation, at thetrial I am greatly mistaken. Public report mentioned theresignation of the two Judges as a certainty, it is very likelythat the thing is not to take place untill the approach of theSessions, if the temper of the times be such as may afford areasonable hope of business being conducted with proprietythe event may not happen, if not, the vaccancies on the Benchmay afford a specious reason for postponing the trials to alonger day. I know that two have positively declared thatthey will never sit as Judges under the circumstances ofentimidation from the mob, the which they experienced lastMarch.

W. DALRYMPLE


[Indorsed] : Lieu* Col? Dalrymple14*'' Reg*

Boston August 12*''Received Aug* 19f

Inclosing a Letter to him fromM' Justice Murray.

[Oct.,

MURRAY TO DALRYMPLE

After the pains taken by the ReV^ Doct' Chauncey andothers to prejudice the People of Boston against Gap' Preston,there is too much room to suspect that the Captain will passhis time but badly at and after his Trial. I am so well con-vinced of his Innocence and at the same time so Zealous for

I

the Peace and Credit of the Town, that I should be extreamlysorry to hear of any Violence being committeed on him con-trary to law. In order to prevent any Act of that Sort, I shallbe ready, as a Civil Magistrate, to escorte two hundred men ofyour Regiment from the Castle to Town when the Trial is tocome or sooner when ever there is notice of danger to him fromthe Mob. The party may remain with me during the Timenecessary in Smiths Sugar house Barrack, where a Sentry fromthe Top of the House can hear or see a Signal from the Goal.

No Mortal knows of this Proposal, nor does it seem to menecessary that any should now know it, except you. Sir, andGen' Gage and Cap' Preston if you please for his Peace ofMind.

I have the honour to be with much Respect' Sir . I

Your most obedient ServantJA MURRAY

Mütori July 27'" 1770[Indorsed] : M^ Murray Justice of the

Peace in Boston, to L*Col? Dalrymple 14f RegíMilton 27*'' July 1770—

Gage to Hutchinson, Aug. 12, 1770


GAGE TO PRESTON

Copy/ New York August 12*'' 1770SIR,

I have recieved your Letter of the 6*'' Ins* with the twoPapers inclosed. You did very right to give no Answer to theLetter from the Committee, as you may be certain both theirvisit to you first, and their Letter afterwards had no otherMeaning than to entrap you. At the Beginning of this unhappyAffair you was unwarily drawn in to publish an Advertisement,advised to it no doubt as a measure proper to ingratiate your-self with the People. The Intent of it was seen thro' at thisDistance, and you have now found the Use they have madeof it.

It is my Advice that you give no Answer whatever by wordor writing to any Questions that are asked. Be Confident inyour Innocence and the Justice of your Cause; Had you evenordered the Men to fire, you only obeyed the Laws of Naturein defending your own Life, and the Soldiers have done nomore. Let Nothing be neglected at your Tryal, and let itappear there how your Evidences have been threatened andsent off. I have wrote much to L* Colonel Dalrymple on theseMatters who no doubt communicates every thing that relatesto you.

The People may talk and threaten but I am satisfied theydare not put such Threats you apprehend in Execution. Youmay be assured that I have done, and shall continue to doevery thing in my Power for your Service, and I think, if thereis any sufficient Reason to suspect any Designs of Violenceon the Part of the People, that the Lieu' Governor willcertainly order the 14;'' Regiment into the town.

The Purport of M' Trecothick's Letter to M^ Bowdoin ispretty well known, it will be seen shortly if they follow hisAdvice.

I am.Sir

&caCaptain Preston

29*'" Reg* Boston


[Indorsed] : Copy/ To Captain Preston29*'' Regiment, at Boston

[Oct.,

NYork August 12f 1770

GAGE TO DALRYMPLE

New York August lS *" 1770SIR,

I inclose a Letter for Captain Preston in answer to one hewrote me. He seems alarmed, and poor man I fear not withoutReason. He judged right in giving no Answer jto the Letterwrote him by the Committee, and I advise him strongly neverto answer any Questions asked him either by w;ord of mouthor writing, for they only mean to entrap him. He| will shew youmy Letter, and I have said to you every thing I cou'd think ofthat appeared to me of any Use in this Affair. You will soonbe able to judge by their Proceedings how far they mean tofollow M' Trecothick's Advice, in his Letter to M^ Bowdoin.They will endeavor to impose upon Capt° Preston, by anAppearance of good and humane Intentions towards him inCase of Condemnation; which in his distressed Situation mighthave weight enough to induce him to act in a Manner corre-spondent to their Designs, and he should guard against it.You may tell him privately that he is respited by the King inCase of Condemnation, and the Soldiers should be told thesame, that they may not thro' Fear, and Hopes, of Protectionbe cajoled by the People to perjure themselves, or makeDeclarations contrary to Truth and Fact. It I is more thanprobable that Endeavors may be used to draw them intoDeclarations of the kind, that they may correspond with theRelations they the Ringleaders at Boston, have gjven the worldof this Affair. You can not therefore be too inuch on yourGuard against them. The King has respited the Captain and

- the Soldiers in Case of Condemnation, but you will not make itknown only in Confidence where I have mentioned. I have notgot the Affidavits from the Jersys, but they are making out,and the Magistrates who are taking of them say, they could


not concieve there was on Earth so bad a People as those ofBoston.

t, * * * * * * *

Lieu? Col? Dalrymple 14* Reg^[Indorsed] : Copy/ , To

Lieu,' Col° Dalrymple.14'*' Regiment,

atBoston

NYork August 13f 1770

GAGE TO DALRYMPLE

New York August 19-'' 1770SIR

After all it has been and still is my firm Opinion, that theywill not dare, notwithstanding their Threats, to offer anyViolence to Captain Preston or the Soldiers. And that theyknow better, than to commit any Disturbance in Court duringthe Tryal. Every thing of that kind must make greatly againstthem, and would be a lucky Circumstance for the Prisoners,Should their Evidence be insulted and Menaced in the Court,in such a manner as to occasion Complaint from the Judges.

I imagine the Prisoners chief Defence lyes in proving thatthe People were in search of them, which indicates pre-meditated Mischief, that they were grossly insulted andattacked without Provocation, and to support the Degree ofViolence in the Attack to have been such, as to endanger theirLives. Whether the Captain gave Orders to fire or not, seemsa Circumstance something Stronger in his particular favour,and nothing more. These are the opinions of many, and Ishould imagine not difficult for the Lawyers, to make theseparticulars appear plain to the Court, as well as to crossQuestion the opposite Evidence, in a proper Manner.

I am sorry you doubt M' Auchmuty's zeal or good Inten-tions towards his Client, and should hope he would exert him-self in the Cause of Truth with uncommon Zeal, and without

328 American Antiquarian Society \ [Oct.,

Fears or Apprehensions. If you find it Necessary you shouldencourage him, for very particular Reports are expected to bemade of every Circumstance of the Tryal. ¡

* * * ¡ *Lieu' Col° Dalrymple 14Í'' Reg' '\[Indorsed]: Copy To Lieu' Colonel Dalrymple of the 14Í''

Regiment at BostonNew York Aug" W^ 1770

Hutchinson to Gage, August 19, 1770I

Dalrymple to Gage, August 20, 1770^

DALRYMPLE TO GAGEBoston August 26* 1770

I have this day answered M' Murray's letter, I have repeatedto him what he well knows before, vid. that my instructionsdirect me to be aiding & assisting to the Civil Magistrate, inexecuting the laws, & repressing violencies, when called on bythe Civil power, pointing out to him at the same time that themilitary officer is not the judge of the necessity,!but only actsconsequential to the requisition naade upon him. This willfully explain the nature of my authority, if not already known.I shall send an officir in whom I can place eyery degree ofconfidence to the Sheriff tomorrow, to mention to him thefacility with which he may command all or any part of theforces at the Castle to be aiding to him in case of need, and ifthey are called and employ'd I will venture to assure you thatthey will behave as they ought to do. I can safely trust theircoolness & attention to their orders. i

It seems but little probable that the same Magistrates willnow act the part they have so long disclaimed, but let theweakness be imputed to them. ]

I cannot easily perswade myself that even in such times thepeople will proceed to actual violencies against Cap'" Preston,tho if one or two of the leaders of the mob only hint it, it will


be done without doubt and no magistrate will in that caseshew his face against them.

I understand that the Judges will not sit, being sure thatthey will be compelled to do acts repugnant to their ownfeelings as men, the Jury law being expired, the nominationof Jurors is now more in the hands of people than before, it maybe easily guessed on whom their election will fall. In short ifthe trial comes on, I do not see a Chance of a Verdict beingfound for the prisonerrs.

* * ii< *

August 27"'Last night late I received a letter from M' Justice Murray,he proposed a plan of carr5àng up two hundred men of the 14"'regiment to Boston, there to continue during the sitting of theSuperior Court, I waited on him this morning early, and aftersome conversation found that his project was founded on asupposition that an absolute pardon was come over for CaptainPreston, I set him to rights there, as his scheme took its arisalfrom an idea of carrying off Captain Preston on his pleadinghis pardon, the truth being known the matter came to nothing.

* Ht * *

W DALRYMPLE

Gen! Gage[Indorsed] : Lieu* Col? Dalrymple 14"' Reg' Boston Aug' 26f

177Ö Received Sep* 2"? answered

Gage to Hutchinson, August 27, 1770

Gage to Dalrymple, August 27, 1770

Gage to Hutchinson, September 2, 1770

GAGE TO DALRYMPLE

New York September 2"? 1770SIR,

I was this Day favored with your Letter of the 26*''ul'?°whereby I find the Offer made by M^ Murray has ended as


might have been expect'd; The Lieu* Governor's Opinionappears to me consistent with Reason, and I make no doubt,is likewise agréable to Law.

The July Mail arrived with your Letter, and in consequenceof the orders transmitted me therein, I am to desire, that youwill without Delay take Possession of Castle William, with aDetachment of his Majesty's 14*'' Regiment under your Com-mand. Lieu* Governor Hutchinson will recieve Orders in theDispatches I send him, by the Express who is the Bearer ofthis, upon this Head: and you will concert with him, the mostproper and adviseable Steps to be taken for effecting thisService.

Till the Business is effected, it may be best that it shouldnot be known; and I think you may, as soon as matters aresettled with the Lieu* Governor, order a Detachment of asmany Men as the Fort can possibly hold, to march into it,and when you have taken full Possession, the Lieu* Governormay order the Provincial Company into the Barracks that willbe vacated by the Detachment; or elsewhere as he shall judgemost proper.

The next thing to be considered, is the putting the Fortinto a respectable State of Defence . . .

4: :): 4: « llf

Lieu* Col° Dalrymple14':''Reg*

[Indorsed]: Copy/ To Lieu* Col° Dalrymple or Off: Comm^ the14f Reg* at Castle William near BostonNew York Sept. 2'^, 1770

DALRYMPLE TO GAGE

Boston 1770

Captain Preston has I hear petitioned the Court to bringhim to trial, the alteration in mens minds towards him isextreamly visible, a degree of coolness has succeeded to thelate warmth, and there are many reasons to hope an impartial-ity on trial of which lately there was not a ray of expectation


There are also some private reasons for his impatience whichyou will hear of from another channel as I imagine.

I am persuaded the letters from London you formerly mademention of have powerfully operated in producing this altera-tion.

* . * * *W. DALRYMPLE

[Indorsed] : L* Col" Dalrymple 14 '' Reg* Boston Sept. 3"? 1770.Received Sep* 9^^

answered

Gage to Dalrymple, September 4, 1770

Hutchinson to Gage, September, 9, 1770

Dalrymple to Gage, September 10, 1770

HUTCHINSON TO GAGE

Secret Boston 12 Sept. 1770SIR

I wished to have Capt. Preston's Trial come on and I pro-posed, if the Jury should give in their Verdict Guilty, that hisCounsel should move in Arrest of Judgment and that theCourt should continue the Motion until the next Term. Inthe mean time, I would have transmitted a state of the Evi-dence to My Lord Hillsborough and there would have beentime to obtain a pardon which might be sent to you by thefirst packet in the most secret manner and he be enabled toplead it upon his appearance in Court and be immediately dis-charged. This would have been the most likely way to keepthe people quiet, whereas if there should be a Sentence againsthim and a respit, or if a new Trial should be ordered, in eithercase there might be danger of violence. But the Court sud-denly put over part of their business to the latter part ofOctober and if such a motion should have been made in arrestof Judgment they could not without the peoples suspectingthe design have continued the consideration longer than that

332 American Antiquarian Society j [Oct.,

time. I therefore chose, not to have the Trial now. We are,inevitably, straitned in point of time, for the next Term beingthe second Tuesday of March we can scarce hope after Octoberfor a return from England in season. I am informed deposi-tions have been taken here and sent to England by your orderand that one or more persons who were present at the Actionhave been examined before a Committee of Council in England.If the case should appear to His Majesty so favorable as tomerit a pardon & it may regularly be granted, it will be mostsafe that it should be sent by the first packet, or first oppor-tunity here or to New York, and it may be kept secret and usedonly in case of necessity and a pardon sent after the state of theevidence transmitted not arriving in time. '

Having thus stated the case to you, I wiU do the same to My 'Lord Hillsborough that such proceedings may be ¡had as shallbe judged proper and I hope you will write to His Lordshipupon the Subject.

I have taken great pains in this most unfortunate Affairwhich has been attended with infinite difficulties occasioned bythe infiamed spirit of the people. I am with very great Esteem

Sir Your most humble |& most obedient ^

ServantTHO HUTCHINSON

His Excellency General Gage[Indorsed] : Secret

Lieu' Gov Hutchinson Boston 12'*' Sep' 1770.Received Sep' 20''' answered ;

Hutchinson to Gage, September 12, 1770

Dalrymple to Gage, September IS, 1770

Dalrymple to Gage, September 14, 17701

Gage to Hutchinson, September 17, 1770

Gage to Dalrymple, September 17, 1770(Gage learns that Capt. Preston's trial is postponed until

Oct. 23.)


GAGE TO HUTCHINSON

Copy/ New York September 23*? 1770Private

I wish you had been able to have put your first Intentions inExecution, concerning the Tryal, and hope yet there might betime for it, notwithstanding that the Tryal is postponed, tho'the Precaution you mean to take to guard against all Accidents,is undoubtedly the safest Method. But I am to acquaint you,that I know of no Depositions sent to England by my Direc-tions, unless it might be some, that were taken at the time ofthis unhappy Affair which I Advised Colonel Dalrymple totransmit, to corroberate the Narrative he sent of it, to theKing's Ministers; And of this, the Colonel can give you thebest Intelligence : And till the Receipt of your secret Letter ofthe 12'*' Instant, I never heard of any People being examinedon this Subject, by a Committee of Council in England. ThisUnfortunate Affair must have given great Anxiety to you, aswell as pains and trouble; And I hope every thing will be doneat home to Assist you, and relieve you from great part of theBurden.

I am with very great RegardSir,&ca

Hon '" Lieui Governor Hutchinson[Indorsed] : Copy/ To Honorable Lieutenant Governor Hutch-

insonAt Boston New York Septem? 23'! 1770

Gage to Dalrymple, September 23, 1770

Gage to Hutchinson, September 2.^, 1770

Hutchinson to Gage, September 24, 1770

DALRYMPLE TO GAGE

Boston Sepi 24 1770* * * *

Captain Prestons reasons were the following, his Lawyersthought it best to bring on his trial because if a verdict was


found for him the matter was ended, if the verdict went againsthim an arrest of Judgement founded on some refinements of thelaw was to be moved, to which the Court would have agreed.The argument was to have been postponed to ¡the term inMarch, in the mean time the proceedings would have been re-ported, and a foundation for a Pardon laid before judgementcould be pronounced, the Pardon would have sufficient time toarrive before March This scheme is still adopted, and I believeis approved of by all who have been enform'd of it, to othersit is entirely a Secret, as endeed it ought to be. i

* * « I 4:

W. DALRYMPLE

Gen' Gage ![Indorsed] : Lieu* Col? Dalrymple 14"' Reg' j

Boston Sep* 24*'' 1770 ;Received Sep' 30* i

answered

!Hutchinson to Gage, September 30, 1770

I

Gage to Hutchinson, September 30, 1770i

Gage to Dalrymple, September 30, 1770^ >I

Dalrymple to Gage, October 1, 1770 !

HILLSBOROUGH TO GAGE

Private & secret Whitehall 3'?lOct' 1770DEAR SIR !

I wrote you a letter N? 35 by the Mercury, signifying theKing's pleasure that you should supply Captain Preston withsuch sums of money as you shall judge necessary to defray theExpences of his Defence against the Prosecution ¡carrying onagainst him; and you would of course have charged them tothe Account of Military contingencies. Lord North and Iupon a reconsideration of this matter are of opinion that thisService ought not to appear upon a Public Account. The Kingtherefore takes the Expence upon himself, & you are desired


to draw upon William Davys Esq' at the Treasury Officefor such Sum as you shall think fit to advance to CaptainPreston and not to enter it in any account. We suppose thisExpence can not exceed a few Hundreds. This alteration willoccasion a confusion in the Numbers of my Letters unless youwill take the trouble to alter those of the Originals which go bythe Mercury and make them agree with those which you willreceive as Duplicates by this Conveyance; & you will also bepleased to destroy the Number 35 Original by the Mercury.We are in hopes that we shall be able to preserve the Peace,but our Preparations are as vigorous as if we were sure of aWar. I seldom trouble you with private Letters, because I haveall the advantage of your Correspondence with our CommonFriend Lord Barrington. But I shall be always happy toreceive and obey your Commands with that attention &respect with which I have the honour to be

Dear SirYour Most Faithfull& Most Humble servant

HILLSBOROUGH[Indorsed] : Private & Secret

E: of-HillsboroughOct 3"? 1770Received Nov^ 30*''

answered

Gage to Hutchinson, October 8, 1770

GAGE TO DALRYMPLE

New York October 8*'' 1770.SIR,

* « « 4: !»

There are a Number of Affidavits taken in the Jerseys by the29*'' Reg* but Colonel Carr has not yet transmitted them tome, I am told they tend to prove the People of Boston, themost Vile sett of Beings in the whole Creation; I don't knowwhether there are more Depositions taken at Boston, thanthose you transmitted some Months ago.


Lieu* Colonel Dalrymplele*?" Regiment.[Indorsed]: Copy/ To Lieutenant Colonel Dalrymple

* Regiment at Castle Island near Boston*?New York October 8*?" 1770.

HUTCHINSON TO GAGE

Boston 15 October 1770SIR

The papers I covered relative to Captain Preston I was notconsulted about until they were brought to me to authenticatewith the Province seal when it was too late to make anyalteration. Sonie passages in some of the depositions I wishedhad been omitted. I shall have a small Vessel of CommodoreGambiers Squadron ready to, sail immediately after the Trial.I am very respectfully '<

Sir Your most obed hunible ServTHO HUTCHINSON

His Excellency General Gage i[Indorsed] : Lieu* Gov^ Hutchinson |

Boston Oct 15 '' 1770. jReceived Oct' 2lf :

answered

Dalrymple to Gage, October 18, 1770

Gage to Hutchinson, October 22, 1770

DALRYMPLE TO GAGE i

Boston Oct' 25 1770Captain Prestons trial came on yesterday the Court adjournedover to this morning after examining the best part of theEvidences aduced on the part of the Crown, they said nothingthat affects him the smallest degree, their evidences werecontradictory entirely and only served to prove the extent ofthe provocation given.


On the Jurors being called over he challenged Seventeen ofthe 24, and men supposed to be more impartial were put intheir places. If no new mine of perjury is sprung I think therecan be no doubt that he will be fully acquitedI was always of opinion that time would operate powerfullyin his favor, endeed I must do the people the justice to saythat the trial has been conducted as yet with the greatestdecency & decorum.

* * * *

W. DALRYMPLE[Indorsed] : L Col? Dalrymple Boston Oct 25f 1770

Received Nov^ ifanswered

SIR

HUTCHINSON TO GAGE

Boston 28. October 1770

Captain Preston has been upon Trial ever since Wednesdaymorning. This is the only instance I ever knew of a CapitalTrial in a Court of Common law in this Province where theCourt has adjourned before the Trial was finished. I shouldhave opposed & probably prevented it if I could have satwith any propriety but the other Judges think they may justifyit ex necessitate rei. The Jury have never separated which isexcessive hard upon them. I expect the Trial will be finishedtomorrow. From what I hear of the Evidence, which is closed,from the best authority it is not possible he should be con-victed. The Witnesses on the part of the Crown have variedmuch from the printed Depositions. Had those Depositionsbeen truly taken yet the proceeding was so unwarrantable thatan Attachment ought to have issued against every one con-cerned in it & I could wish some of those principally con-cerned had been punished. The favourable appearance isowing to the delay, for had the trial come on, at any timebefore, the prejudice would have been stronger than it is atpresent. I wish I may be able to acquaint you with hisacquittal before the Post goes out. Froni the Evidence upon


this Trial I cannot but hope the fact will be determined to be,at worst, excusable in the Soldiers. Their Trial cannot come onthis fortnight. j

* * * *THO HUTCHINSON

October 29 5 oClock P. M. TheJudges have just now committed the ¡Cause to the Jury, were unanimous, in favourof an Acquittal & have adjourned until tomorrowmorning 8 oClock to receive the Verdict. i

I

His Excellency General Gage ¡[Indorsed] : Lieu' Gov' Hutchinson

Boston Octi 28''' 1770.Received Nov' 3"? ]

answered |

Gage to Dalrymple, October 29, 1770\

PRESTON TO GAGE I

Boston Oct 3lf 1770SIR j

I take the liberty of wishing you joy, of the coniplete victoryobtaind over the knaves & foolish villains ofj Boston, thetriumph is almost complete, & the Kings servants now appearwith double lusture. On Wednesday morn at 8 oClock thetryal began, & continued that day without stopping till near6 in the evening, when it was adjurnd till 8 next morning.Thursday, Friday, Saturday, & Monday, were likewise takenup in the same manner, nay it was even proposd the Courtshou'd sit on Sunday, but that was over rul'd, however onTuesday morn the 30*'', the Jury brought in a verdict in myfavour Not Guilty, to the entire satisfaction of | every honestmind, & great mortification of every blood thirsty & maliciousBostonian.

The Counsel for the Crown or rather the town were butpoor and managd badly, my Counsel on the contrary were menof parts, & exerted themselves with great spirit |& cleverness.


particularly Judge Auchmuty; The Judges also were deter-mind & showd much firmness, but none more than JudgeOliver, he informd the Court that he had been abusd in someprints, & his life threatened, but that nothing should daunthim, or prevent his doing his duty.

'Twas provd, that a Sentrys post is his Castle, & whosoeverattacks him does an illegal action, & if the Sentry should killhim there can be no redress; If a party is sent by their Com-manding Officer to his relief, they are a body legally assembled,& if assaulted may defend themselves even to the death oftheir opponents, that if any of them does an ulegal action, healone is answerable for it, whereas they who attack them areillegally assembled, and the whole accountable for each onesactions. These were points of law & right they had no notionof, & seemd much confounded at, so that the like tis probablewill never happen again in this or any other part of America.

The mens tryals will come on about three weeks hence, whenif the Judges are but steady, my verdict will determine forthem; I have prepair'd every thing for their defence, & shallcontinue to do so 'tho I find it very expensive, but in such aCase as this & so material to the Military, I thought a savingon a Lawyers fee very impolitick.

They have endeavourd to lodge an Appeal against me, inbehalf of one of the relations of the deceasd, but it won't lie,as there are not any near enough of kin now surviving, buttheir busy malice has found out another way to distress me, bysueing me for damages on ace* of the wounded, & if taken wou'dinvolve me in endless lawsuits, to shun which, I proposdgoing to the Jerseys but my Counsel assure me, I shall not besafer there than here, so that I have been forcd to shut myselfup in Castle William, where I hope to receive your orders.

As it is impossible for me to be safe in any part of Americaduring the present troubles here, I have been prevaild on bymy friends to beg your patronage & protection, & that youwould indulge me with the liberty of going to Europe, whereperhaps the Ministry may be tempted to look upon mysevere & unmerited sufferings in a friendly light, but as I amthoroughly convincd nothing I can say will affect them, I castmy eyes arround in a fit of dispair, not knowing where to look

340 American Antiquarian Sodetyi [Oct.,I

for that protection & countenance so necessary, if not from youwhose kindness has been so partially exerted in rny favour. Ifthen Sir I have not entirely exhausted your regards, let meonce more entreat your favouring my cause & broken fortunes,by a letter of your approbation of my conduct to some of theMinistry. If I should be luckey enough to get any thing it willbe entirely owing to you, whose kindness has already exceededthat of my nearest relations. Should you grant nie this, I mustthen beg you will add one favour more to the many preceding,& that is, words to express my gratitude, for at present I amtotally at a loss on that account, however you may rest assurdthat my heart is truly grateful & that I am with the utmosttruth & sincerity.

Sir your most faithful'most obedient and ;

much obliged humble Serv*THO^ PRESTON

[Indorsed] : Cap* Preston 29*'' Reg* 'Boston Oct 3lf 1770.Received fAnswered

DALRYMPLE TO GAGE '

Castle W"" Nóv": 1»' 1770I have the honor & pleasure to enform you that on tuesdaymorn Captain Preston was acquitted & discharged on thefullest and most compleat evidence, many very shamefullattemps to destroy him by perjury has been made, all whichretorted on their authors.

Not satisfied with this cruel persecution after his deliveryendeavours were used to find out some relations| near enoughin kin to bring actions simular to those Against t.he Kennedysin London. I understand there are fresh warrants out againsthim at the instance of the persons wounded in the fray of the5^^ of March. . '

He is safe at the Castle so no opportunity, to serve them willbe afforded.

During the trial sufficient proof of the aggression of thetowns people was given, & the Judges in their charge rested

1937.) New Light on the Boston Massacre 341

strongly on the propense malice of the towns folks. It isthought the Soldiers will all be acquitted, their trial does notcome on now.

I have the honor to beYour Excellency's

Most humblefaithfuU & obedient Ser'

W. DALRYMPLE

[Indorsed] : L* Col? Dalrymple 14 '' Reg* Castle Wf near Boston1'* 1770 Received Nov^ 8*'' answered

Dalrymple to Gage, November 6, 1770

GAGE TO HUTCHINSON

Copy/ New York November 5*'' 1770.SIR,

I return you many thanks for your Letter of 28**" Ultimo,which has given me great Pleasure, for I think from yourAccount of Captain Preston's Tryal, that the Jury cannotpossibly give a Verdict, contrary to the Opinion of the Judges.And tho' there might be no Danger of his Life, should theygive a contrary Verdict, yet, tho' we are acquainted with theHeats of a Faction, the Violence and Prejudices that have toogeneraly prevailed in Boston for some Years past, the World ingeneral is not so well informed of them ; And it will be more forCaptain Preston's honor, to be acquitted by the Laws of hisCountry, than to owe his Preservation, to the Justice andMercy of the Crown. I am in hopes too, that during the Courseof his Tryal, many Circumstances may have appeared favor-able to the Soldiers in their Cause. Since this unhappy Affair,I have taken all Pains to procure a fair and impartial Accountof it, which perhaps was not easy to procure, but from what Ihave been able to gather up, had you or I been in the Situationthose Men were in, I do believe that we should have fired inDefence of our own Lives.

Lieu* Governor Hutchinson[Indorsed] : Copy./ To Lieu* Gov^ Hutchinson Boston

New York Novem' 5*'' 1770


GAGE TO DALRYMPLE

Copy ^ New York November of 1770SIR

I am Obliged to you for the Account of Captain PrestonsTryal, in your favor of the 25'*' Ult" " We have since receivedAdvices from Boston to the 29'*? from whence jwe learn theJudges were for an Acquittal, but the Jury had not brought uptheir Verdict; It is said the Evidences on the Part of the Crownhave Varied much from the printed Depositions; you willperhaps have seen those Depositions which I never heared ofbefore, they say the proceeding is unwarrantable and anAttachment ought to have issued against every one concernedin said printed Depositions. The Proceeding may possibly yetbe usefuU to Cap' Preston and the Soldiers, a!nd should ifnecessary be noticed at a proper Time.

* * *

Lieu' Col! Dalrymple 14"' Regí[Indorsed] : Copy/ To Lieu' Col! Dalrymple 14" jReg'

Castle Island BostonNew York 5* NovM770

HUTCHINSON TO GAGE

Boston 5 Novemb. 1770SIR , I

I am unfortunate in not giving you the first Information ofCapt. Preston's acquittal. The close attention I was obligedto give to the business of the General Court on I Thursday atCambridge was the reason of my being too late for the Post.

He has been, except one day, ever since at the Castle. Somewho are very thirsty after blood laboured to bring an Appealof Murder against him, but as this Writ has I believe neverbeen known in America and they were afraid ofl trouble if heshould not be convicted I am assured that the design is laidaside.


I hope the Soldiers will meet with a fair Trial also. It isassigned for tomorrow fortnight.

I have the honour to beS' Your most obedient

Humble Serv.THO HUTCHINSON

I acquainted My LordHillsborough with ourSuccess by one of the KingsScooners which sailed the nextday the 31 OctoberHis Excellency General Gage[Indorsed] : Lieu- Gov^ Hutchinson Boston Nov^ 5''' 1770

Received Nov^ lO"' answered

DALRYMPLE TO GAGE >

Castle William Nov^ 11"» 1770I am honored with your Excellency's letter dated the ö**" past.

The Evidences did in some measure contradict depositionsformerly made by themselves, nay in Court they did certainlyconduct themselves in a manner more becoming prosecutorsthan evidences, but litle good will I fear attend any attempto prosecute such offences, an attack on an evidence for will-full & corrupt perjury is difficult to support, and has seldomebeen successful!.

I have never seen the depositions you mention, the onlyones I have heard of, are those printed as an appendix to theNarrative sent home by the town.By favor of Lieu* Governor Hutchinsons cover I forwardedsome affidavits to you taken in the 14"" reg' I hope they cameto hand, they will serve to give further testimony of the enten-tions of the people.

* * * *

Captain Preston has he tells me applied for leave to go toEngland, I am greatly mistaken if he does not enjure hishopes more than advance them by his presence.

344 American Antiquarian Society I [Oct.,

I have the honor to remainYour Excellencys

Most humblefaithfull & obedient

W. DALRYMPLE |

[Indorsed]: Lieu* Coll: Dalrymple M"» Reg* Castle W?1770 Received the 18" answered

HUTCHINSON TO GAGE

Boston 12 Nov. 1770SIR j

I thank you for your favour of the 5^ The trial of thePrivates will not come on until tomorrow se'n n.ight. I hopethe Judges will hold their integrity and resolution. Theydeserve applause for what is past and the greater becauseHonesty is not yet Trumps among us in this Province.

THO HUTCHINSON

His Excellency General Gage[Indorsed] : Lieu* Governor Hutchinson

Boston Nov^ 12*'' 1770Received the 18"»

answered

Copy/SIR

GAGE TO HUTCHINSONI

New York 12f Nov^ 1770

I am now to thank you for your Letter of the ö*** Ins' andrejoice on the Honorable Acquittal of Cap* Preston. TheEfforts made afterwards to distress him, will only add to theWeight hanging over the Heads of the Faction, and Serve toConvince the World the more of their Malice anii Inveteracy.We conceived Hopes of this Happy Event, from the Names ofthe Jurors, which some Person had transmitted to his Corre-spondent here, and Gentlemen acquainted with many of them


told us, they did not believe an honester Jury could havebeen Selected. I hope the same Jury will try the Soldiers.The Judges have gained great Reputation, from the Firmnessand Resolution they shewed to do their Duty, in Defiance ofthe Threats of the Mob.

? Lieu* Gov' Hutchinson[Iiidorsed]: Copy/ To the Hon '" Lieu* Gov- Hutchinson Boston

New York 12*'' Nov^ 1770

GAGE TO DALRYMPLE

Copy/ New York 12f Novem^ 1770.SIR

I have rec'? your Letters of the if and 5*'' Instant andthank you for the good News you transmitted concerningCap' Prestons Acquittal, on which I sincerely Congratulateyou ; Hopeing I shall have Occasion to repeat my Congratula-tions when the Soldiers Tryal is over. The Perjurys that havebeen detected, and the Virulence shewn in this Prosecution,will retort upon the Faction; And I doubt not add Weight tothe Storm hanging over their Heads. I hope the same Jurywill be continued on the Tryal of the Soldiers.

* * * *

Lieu^ Col? Dalrymple 14*'' Reg*[Indorsed] : Copy/ To Lieu* Col" Dalrymple 14*'' Reg* at

Castle Island Bay of BostonNew York 12*'' Nov" 1770

GAGE TO PRESTON

Copy/ New York Nov^ 12^ 1770SIR

Your Letter of the 3 if Ult7° gave me as much Pleasure andSatisfaction as I ever received on any Occasion; and I greatlyCommend your Humanity and goodness of Heart, in theResolution you have taken, to stay where you are, till theSoldiers Tryal is over; and to spare no Pains or needfull


Expence in their Defence. Your Acquittal gives us hopes oftheirs, and as you have been oppressed by the most maliciousProsecution, for what happened at a time when you was in theExecution of your Duty, I Flatter myself that Governmentwill readily comply with an Application in your Behalf, toreimburse the unavoidable Expence you have been put to. APacket sails tomorrow, and I shall write to Lord Barrington onthe Subject, In the mean time send me an Account of theExpences the Prosecution has cost you, and have a CopyReady to produce when you arrive in England. I readilyConsent to your going home when all is over, and concludeyou will carry with you a Copy of all the Tryals comprehend-ing all the Depositions, Judges Charge, and every thing thatpassed at your own Tryal, or that shall pass at the Tryals ofthe Soldiers. Your Friends will advise whether it would bebest to print them. A London Printer might possibly be gladto purchase a Copy of them. The Judges Charge I wish may beprinted in the American Papers, for there are points of Lawvery Necessary to be known by all the People in this Country.

If you are in want of Money I shall with the greatest Pleasureassist you, with any Sum my private Purse will afford, andwill answer your Draught.

I amSir

&caCap* Preston[Indorsed] : Copy/ To Cap* Preston 29*^ Reg* Boston

New York 12f Nov^ 1770

GAGE TO HUTCHINSON

New York Novt 1770.Copy/SIB ' j

I Judge from your favor of the 12* that We niay soon hearof the Tryals of the Soldiers; and hope the Judges will preservethe Integrity and Firmness which has gained them so muchHonour. Their Declarations on Cap* Prestons Tryal weretruely Noble, and they have acquired the applause of everyMan who regards his Country: and I hope their Conduct will


be an Example for other Gentlemen in their Situation, who inthese Times have been swayed too often by Popular Clamour,and intimidated by the Threats of a Mob.

Lieu' Gov^ Hutchinson[Indorsed]: Copy/' To the Hon"® Lieu' Gov^ Hutchinson Boston

New York 19''' Novl 1770

GAGE TO DALRYMPLE

Copy/ New York Novem^ 19f 1770.SIR,

What you observe in your favor of the ll"* respecting theProsecution of Evidences I believe to be very just. Theprinted Depositions hinted at were, I apprehend, those thatwent home, and perhaps published in Boston with others. Itis unusual to print things of the kind previous to Tryal, forvery obvious Reasons, and on that Account said, that thoseconcerned in printing them ought to have been prosecuted.

The Depositions of the 14'*' Regiment were recieved, withseveral that corresponded with them from the 29''' and theyare all now under Sail for England. They are indeed verystrong Proofs of the Provocation and bad usage given theTroops, previous to the Affair of the 5''' of March; There aretwo or three fractured Skulls, and as many broken Arms; andsome Scandalous Instances of the Behaviour of many of theMagistrates; to whose Conduct the whole that has happenedis to be attributed.

I find the Lieutenant Governor has his hands full, which isno more than what might have been expected.

* * * *

Lieu^ Colonel Dalrymple 14Î'' Reg*[Indorsed] : Copy/ To Lieu' Colonel Dalrymple 14''' Regiment

At Castle William near Boston.New York Novem' 19"' 1770


HUTCHINSON TO GAGE

' , Boston 26. Nov. 1770S I R I

I am to acknowledge your favours the two last weeks. Froma defect of Jurors the Trial of the Soldiers has been postponedand is fixed for tomorrow. My great concern is to obtain anunbiased Jury and for that purpose, principally, I advisedCaptain Preston to engage one of the Bar, over and abovethe Council to conduct the Cause in Court, in the characterof an Attorney who should make a very diligent inquiry intothe characters and principles of all who are returned which hehas done and it may be to good purpose, but after all it will beextremely difficult to keep a Jury to the Rules of Law. Whenall is done which can be done we must patiently wait the Event.

THO HUTCHINSONHis Excellency General Gage[Indorsed] : Lieu' Gov' Hutchinson

Boston Nov^ 26 ^ 1770Received Dec' if

answered

HUTCHINSON TO GAGE

Boston 3 Dec. 1770 P M.S I R i

The Trial of the Soldiers is not finished. I am in more doubtthan I was in Prestons trial not that I think either of the Pris-oners can, upon the Evidence, be legally convicted! but we havenot so good a Jury nor was it possible to obtain better nearThirty peremtorily or for cause having been! challenged.There is a Report in Town which may possibly be conveyed toyou.that one of the Council is not so faithful as he ought to be,but I would hope there is nothing more in it than a difference inopinion from some others of the necessity of entring into theexamination of the Conduct of the Towns people previous tothe Action itself, he being a Representative of the Town and agreat Partisan wishes to blacken the people as little as may be


consistent with his Duty to his Clients. I suppose tomorrow orWednesday morning will give us the Issue.

I have the honour to beS' Your most Obedient

Humble ServantTHO HUTCHINSON

His Excellency General Gage[Indorsed] : Lieu* Gov' Hutchinson ,

Boston Dec' 3"? 1770.Received Dec' 9f

answered

DALRYMPLE TO GAGE

Boston Dec, 3^ 1770I had the honor of your Excellencys letter dated Nov^ 25*

The trials go on, as yet nothing has appeared different inevidence from what was offered at Captain Prestons. Iimagine the Jury will return their verdict on tuesday evening.

Was I to guess at the issue it would be that five will beacquitted, and three found guilty of Man Slaughter, nothingin such cases can be certain, but according to appearances theabove will be most probably the end of this matter.The Lawyers have held back much on the occasion, and thothey are goaded on daily they do their parts but ill.

we have no arrivals so no news. I have the honor to beYour Excellency's

Most humblefaithfull & obedient Ser'

W. DALRYMPLE

[Indorsed] : Lieu* Col° Dalrymple 14*'' Reg* Boston Dec' 3f 1770Received Dec' 9** answered

GAGE TO PRESTON

Copy/ New York December 3*1 1770.SIR,

Since yours to me to acquaint me of your being acquittedat your Tryal, I have wrote you two Letters. In the first I


desired you would transmit me an Account of all the Expencesincurred on the Subject of the Tryals; And I write again todesire you would use no Delay in that Business. As the Tryalsof the Soldiers will probably be finished by the time this Lettergets to Boston; you will be enabled to send me the totall of allExpences. You will postpone your Voyage to England till youhave sent me this Account, and till you have i;ecieved myAnswer thereupon.

I am.Sir,

&ca.Captain Preston 29Í''Reg*

Boston[Indorsed] : Copy/ To Captain Preston 29*'' Regiment Boston

New York Decem' 3f 1770

PRESTON TO GAGE

Castle William Dec^ 6*" 1770Df SIR j

I beg leave to congratulate you and all the Kings servantstogether with every honest man in America on this joyfuloccasion. The Corp? & 5 men are acquitted &j two foundguilty of man slaughter. The tryal began Novf 27*'' & did notend till last night. All arts were used to make this affair appearin the most black & horrid colours, & full as much painswas taken elucidate it & convince the world of the rise &natural consequences of it, but its effects will be felt by everySoldier in America & convince the world that a man on duty issacred.

I am informd that the verdict has been satisfactory to al-most all people here, & what must be, from such evidences &indeed no pains or expence was spared to collect them, for allthat we could hear of to the amount of sixty were summon'd,most of whom gave very satisfactory evidences, the Lawyerscharges were full & the Judges very spirited particularly MfOliver the friend of all in distress.

The Comodore has sent to inform me that the Glascow sailsthis morning, which prevents me from completing my acc*°


else you should have an acct of the expences but the severalbills are not yet brought in. I have in consequence left a sumof Money with C : OHara of the 14Î''' Reg?, who will dischargethem & transmit the ace* to me, and as soon as possible youshall have an exact one sent you. You desire to have thejudges charges publishd in the news papers. I am sorry toinform you that mine was not taken down, the court was socrouded, & but one man to be got that writes short hand,that he had neither room, nor strength to execute it, beingwaried with taking the evidences, however he has taken thatof the mens which is more material, & I have left directions toget both printed, in which the L* Govf the Judges & Lawyerswill assist, & Mf Auchmuty has mine now in hand to correct

Give me leave Sir to thank you in the most grateful manner,for all your favours & unmerrited kindness's, especially for youradvices which nothing but your own goodness of heart coulddictate, & let me assure you it shall be closely followd, &ever thankfully rememberd by Sir

your much obliged & most sincere humble Serv*THO? PRESTON

His Excell?'' Geni Gage[Indorsed] : Cap* Preston 29?'' Reg*

Castle W" near BostonDec? Ô*** 1770.

Received Decf 13*

HUTCHINSON TO GAGE

Boston 6. Decemb. 1770SIR

It is with pleasure that I embrace the first opportunity ofadvising you that yesterday towards Evening the Jury gave intheir Verdict and found Kilroy and Montgomery guilty ofManslaughter and acquitted the rest. I do not think therewas sufficient ground for the Verdict as to the two. Kilroy issaid to be a bad fellow and, the day before, had sworn that hewould kill some of the people the first opportunity but thisought not to have been connected with the action for whichhe was charged. Montgomery fired the first Gun and it

352 American Antiquarian Sodety [Oct.,

appears probable that he. did it to save his own life. TheJudges shewed great firmness. The Foreman of the Jury hadthe character of a Son of Liberty but proved an honest manand would not go against his Conscience. A correct copy of theTrial taken in short hand is preparing for the Press. I shallsend minutes of the Evidence by Preston to L^ Hillsborough.

I will inclose a few anecdotes relative to the Trial &c*. Theymay serve for your own amusement or they may go into yourMondays paper if you think they will do no harm. They willdiscover some Truths which the Printers have not yet courageto publish here. I am told the Printer of your Thursdays papercorresponds with the Faction here. If you wish o have it inprint pray let it be transcribed & burn the Original. My handis singular and much known. I have the honour! to be

Sir Your faithful and !mostobedient servant ;THO HUTCHINSON ]

His Excellency General Gage[Indorsed] : Lieu' Gov! Hutchinson

Boston Dec": 6''' 1770Received Dec^ 13Í''

answered i

DALRYMPLE TO GAGE

Castle W"? Dec^ 10'" 1770My letter wrote after the acquittal of the Soldiers by themistake of a person did not arrive at the post office in timeto be forwarded, you I hope had the issue from other hands, Icongratulate your Excellency on the fortunate conclusion ofthis business, no endeavours were omitted to have procured avery different decision, but fortunately they have been fruitlessones.A bad disposition appearing in the Soldiers who were confinedI shall send them round by sea, we have but too much reasonto suspect their ententions to desert they are not at all to bedepended on. '

We remain in hopes of a speedy war, it would be a particularfavor done me if your Excellency would give me early intelli-


gence of the certaintly of that event or otherwise. I have thehonor to be

your most humblefaithfull & obedient

W. DALRYMPLE

[Indorsed]: Lieu' Col? Dalrymple 14Í'' Reg-Castle W" near BostonDec^ 15"' 1770.Received Dec' lô"»

answered

DALRYMPLE TO GAGE

Castle William Dec' 17 1770* * id * 4:

A Pasquinade on the Judges & others the Kings servantshere made its appearance some days since, the Council offereda reward, it was I think £100, for detecting the author, it isonly a stupid & vile paraphrase of some lines in Venicepreserved, spoke by Piere, townsmen are put in the place ofCountry rnen, & Judges in that of Senators.

Captain Preston sailed in the Glasgow, the men I hope to geta passage for to Amboy, indeed I do not chuse to trust themany other way.

I have the honor to be Your Excellency'sMost humble& most obedient Ser'

W. Dalrymple[Indorsed]: Lieu' Col? Dalrymple 14^ Reg-

Boston Dec' 17:'' 1770Received Dec": 24 ''Inclosing an abstract of Expenditures from Marchto Sepi

answered

Sums expended in the defence of Capt Thof Preston, Corp?Wiir Wemyss, & 7 Private men of the 29^ Regiment, onacct of a prosecution carry'd on against them by the peopleof Boston, for a Riot on the 5* March 1770.


To a retaining fee to C: Prestons LawyersTo — D"? — to the mens — D?To a fee for pleading at the tryal to C: Prestons j

Lawyers iTo — D? — to the Mens — D° jTo an Attorney to assist at their tryal |To an Attorney for taking some affidavits ITo certain people employd to enquire about town

& collect Affidavits & Evidences \To Summons's & serving them on 93 EvidencesTo Evidences for the time they waited in Court

before examin:"To Joalers feesTo Turnkeys fees & Civility moneyTo a Clerk at several timesTo small presents to particular people in BostonTo postage of Letters

[Oct.,

£10-10—10-10—

6342

3-12—

25-10—13-19—

2—5—

£260—2-6To extra: expences in coming express from

Portsmouth to London with GovernourHutchinsons & Comodore Gambiers dis-patchs to Government i 4—4-6

£264—7—[Indorsed] : Ace* of Sums Expended in the Defence of Cap*

Tho^ Preston of the 29**" Reg* and! Soldiers ofsaid Reg* at Boston, prosecuted for, a Riot onthe 5** of March 1770. ,

BARRINGTON TO GAGE ![Preston arrived in London about the first of February, 1771.See Barrington to Gage, 6 Feb., 1771, in W. ¡L. C. L. On5 Mar., 1771, one year, to the day, after the massacre,Barrington wrote Gage a letter to which the following is thepostscript]

P. S. Captain Preston has had all his expences paid and aPension of £200 a Year bestowed upon him. He is a perfectlysatisfied Man, which is a thing not to be found every day.

new light on the boston massacre

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